Government Ofgujarat Damrehabilititionandimprovementproject (Phase-Ii)

National Competetive Bidding NWRWS&KD
Bid no. KADANA DAM
GOVERNMENT OFGUJARAT
DAMREHABILITITIONANDIMPROVEMENTPROJECT (Phase-II)
REQUEST FOR BIDS NO..........2020/21
NATIONAL OPEN COMPETITIVE PROCUREMENT

(Single Stage Two-Envelope BiddingProcesswith e-Procurement)
(FOR ITEMRATE/ADMEASUREMENT CONTRACTS IN CIVIL WORKS)
NAME OF WORK : Rock Fall Protection at Kadana Dam
PERIOD OF SALE OF :FROM…………..TO ………

BIDDING DOCUMENT
TIME AND DATE OF :DATE………….. TIME14:00 HOURS PRE- BID

MEETING
LASTDATEANDTIME FOR : DATE………….. TIME16:00 HOURS RECEIPTOF

BIDS
* TIME AND DATE OF OPENING : DATE………….. TIME16:30 HOURS

OF BIDS – Technical Part
PLACE OF OPENING OFBIDS : Office of Superintending Engineer, Civil

Circle Panam & Kadana Dam Godhara
District Panch Mahal Gujrat
OFFICER INVITING BIDS : Office of Executive Engineer, Kadana
Division No.1 Diwada Colony
……2020/2021
Secon Pvt. Ltd. Page 1

NationalCompetetiveBidding NWRWS&KD
Bid No KADANA DAM
REQUESTFORBIDS
(RFB)
GOVERNMENT OFGUJARAT
DAMREHABILITITIONANDIMPROVEMENT PROJECT
REQUEST FORBIDS (RFB) E-Procurement Notice

(Single Stage Two-EnvelopeBiddingProcess with e-Procurement)
NATIONALOPENCOMPETITIVEPROCUREMENT
NameofProject:DamRehabilitationandImprovementProject(DRIP-II)
Contract Title: Rock Fall Protection at Kadana Dam
LoanNo./Credit No./ Grant No.: ……………………………………….
RFBReferenceNo.: ……………………………
Date: …………………….
1. The Government of India has applied for financing from the World Bank toward the
cost of the Dam Rehabilitation and Improvement Project and intends to apply part of
the proceeds toward eligible payments under the contract for construction of works
as detailed below.
2. Bidding will be conducted through national open competitive procurement using a

Request for Bids (RFB) as specified in the World Bank’s “Procurement Regulations
for IPF Borrowers, July 2016,_Revised August 2018 (“Procurement Regulations”),
and is open to all Bidders as defined in the Procurement Regulations.
3. Bidders from India should, however, be registered with the Government of India or
other State Governments/Government of India, or State/Central Government
Undertakings.
4. TheExecutive Engineer, Kadana Division No. 1, Diwada Colony now invites online
Bids from eligible Bidders for the construction of works detailed below in the table.
The bidders may submit bids for any or allof the works indicated therein. Interested
bidders may obtain further information and inspect the bidding document at the
address given below during office hours.Bidders are advised to note the clauses on
eligibility (Section I Clause 4) and minimum qualification criteria (Section III –
Evaluation and Qualification Criteria), to qualify for the award of the contract. In
addition, please refer to paragraphs 3.14 and 3.15 of the “Procurement Regulations”
setting forth the World Bank’s policy on conflict of interest.

Bid No KADANA DAM
5. Thebiddingdocumentis are
availableonlineonwww.nwr.nprocure.com,from………….. to …………….foranon-
refundablefee as indicated in the table below, in the form of Demand Draft (DD) on
any Scheduled/Nationalized bank payable at Diwada in favourof Executive
Engineer, Kadana Division No.1, Diwada colony (Payment documents are to be
submitted as per the procedure described in paragraph 9 below). Bidders will be
required to register on the website.The bidders would be responsible for ensuring
that any addenda available on the website is also downloaded and incorporated.
6. Bidders who wish to participate in this tender shall have to register on

nwr.nprocure.com Bidders who wish to participate in online bid shall have to
procure Digital Certificate as per Information Technology Act-2000 using which
they can sign their electronic bids. Bidders can procure the same from the below
mentioned address and they shall assist them in procuring the same.
Address: (n) code solution –A division of GNFC Ltd. 301, GNFC Info tower, S.G.
Road, Bodakdev, Ahmedabad: 380054 (Gujarat), Toll Free No.18002331010
(Extn.no.321). Email: djkantharia@gnfc.net. www.ncodesolutions.com Phone
No.079-26857316 / 17 / 18 Fax: 079- 26857321
7. Bidscomprise two Parts, namely the Technical Part and the Financial Part, andboth
parts must be submitted simultaneously online website: www.nwr.nprocure.com, on
or before 16:00 hours on ……2021and the ‘Technical Part’ of the bids will be
publicly opened online on ……2021at 16:30 hours, in the presence of the bidders
designated representatives who wish to attend.The “Financial Part” shall remain
unopenedin the e-procurement system until the second public Bid opening for the
financial part. Any bid or modifications to bid (including discount) received outside e-
procurement system will not be considered. If the office happens to be closed on the
date of opening of the bids as specified, the bids will be opened on the next working
day at the same time and venue. The electronic bidding system would not allow any
late submission of bids.
8. All Bids must be accompanied by a Bid Security of the amount specified for the work
in the table below, drawn in favour of Executive Engineer, Kadana Division No.1,
Diwada colony. Bid security will have to be in any one of the forms as specified in the
bidding document and shall have to be valid for 45 days beyond the validity of the
bid. Procedure for submission of bid security is described in Para 9.
9. The bidders are required to submit (a) original payment documents towards the cost
of bid document; and registration on e-procurement website (if applicable); (b)
original bid security; and (c) original affidavit regarding correctness of information
furnished with bid document with withOffice of Executive Engineer, Kadana Division
No. 1, Diwada cony Gujarat –before the bid submission deadline, either by registered
post/speed post/courier or by hand, failing which the bids will be declared non-
responsive and will not be opened.
10. A pre-bid meeting will be held on……2020at 14:00 hours at the office of Office of
Chief Engineer and Additional Secretary (South Gujarat), Block No. 09, 2nd Floor,
Sachiwalay, Gandhinagar, Gujarat to clarify the issues and to answer questions on
Secon Pvt. Ltd
Bid No KADANA DAM
any matter that may be raised at that stage as stated in ITB Clause 7.4 of ‘Instructions
to Bidders’ of the bidding document.Bidders are advised to download the bidding
document prior to the pre-bid meeting in order for bidders to have a good
understanding of the scope of work under this contract for discussion and clarification
at the pre-bid meeting.
11. Other details can be seen in the bidding document.The Employer shall not be held
liable for any delays due to system failure beyond its control. Even though the system
will attempt to notify the bidders of any bid updates, the Employer shall not be liable
for any information not received by the bidder. It is the bidders’ responsibility to
verify the website for the latest information related to this bid.
12. The address for communication is as under:

Office of Executive Engineer
Kadana Division No.1,
Diwada colony
TABLE
Packa NameofWork Bid Costof Periodo

ge Security Docume f
No (Rs.) nt Completi
1 2 3 (Rs.)
4 on 5
01 Rock Fall Protection at Rs. 4,19,488/- Rs. 5,000/- 18Month
Kadana Dam s
(Includin
g Rainy
season)
Executive
Engineer
Kadana
Division
No.1,
Diwada colony

Bid No KADANA DAM
Table of Contents
NATIONAL OPEN COMPETITIVE PROCUREMENT ....................................................... 1

PART 1 – Bidding Procedures .................................................................................................... 7
Section I - Instructions to Bidders .............................................................................................. 8
A. General ..................................................................................................................................... 8
1. Scope of Bid.......................................................................................................................... 8
2. Source of Funds ................................................................................................................... 9
3. Fraud and Corruption ........................................................................................................ 9
4. Eligible Bidders ................................................................................................................. 10
5. Eligible Materials, Equipment and Services ................................................................... 13
B. Contents of Bidding Document ............................................................................................ 13
6. Sections of Bidding Document ......................................................................................... 13
7. Clarification of Bidding Document, Site Visit, Pre-Bid Meeting .................................. 14
8. Amendment of Bidding Document .................................................................................. 15
C. Preparation of Bids ............................................................................................................... 16
9. Cost of Bidding .................................................................................................................. 16
10. Language of Bid................................................................................................................. 16
11. Documents Comprising the Bid ....................................................................................... 16
12. Process of Bid Submission ................................................................................................ 17
13. Alternative Bids ................................................................................................................. 18
14. Bid Prices and Discounts .................................................................................................. 19
15. Currencies of Bid and Payment ....................................................................................... 21
16. Documents Comprising the Technical Proposal ............................................................ 21
17. Documents Establishing the Eligibility and Qualifications of the Bidder.................... 21
18. Period of Validity of Bids ................................................................................................. 21
19. Bid Security........................................................................................................................ 22
20. Format and Signing of Bid ............................................................................................... 24
D. Online Submission and Opening of Bids ............................................................................. 24
21. Preparation of Bids ........................................................................................................... 24
22. Deadline for Submission of Bids ...................................................................................... 25
23. Late Bids............................................................................................................................. 25
24. Withdrawal, Substitution, and Modification of Bids ..................................................... 25
E. Public Opening of Technical Parts of Bids .......................................................................... 26
25. Public Opening of Technical Parts of Bids ..................................................................... 26
F. Evaluation of Bids – General Provisions ............................................................................. 27
26. Confidentiality ................................................................................................................... 27
27. Clarification of Bids .......................................................................................................... 27
28. Deviations, Reservations, and Omissions ........................................................................ 27
29. Nonmaterial Nonconformities .......................................................................................... 28
G. Evaluation of Technical Parts of Bids ................................................................................. 28
30. Evaluation of Technical Parts .......................................................................................... 28
31. Determination of Responsiveness .................................................................................... 28
32. Qualification of the Bidder ............................................................................................... 29
33. Subcontractors ................................................................................................................... 30
H. Public Opening of Financial Parts of Bids .......................................................................... 30
34. Public Opening of Financial Parts ................................................................................... 30
I. Evaluation of Financial Parts of Bids ................................................................................... 31
35. Evaluation of Financial Parts ........................................................................................... 31
Secon Pvt. Ltd
Bid No KADANA DAM
36. Correction of Arithmetical Errors................................................................................... 32

37. Conversion to Single Currency ........................................................................................ 32
38. Margin of Preference ........................................................................................................ 33
39. Comparison of Financial Parts ........................................................................................ 33
40. Abnormally Low Bids ....................................................................................................... 33
41. Unbalanced or Front-Loaded Bids .................................................................................. 33
42. Most Advantageous Bid .................................................................................................... 34
43. Employer’s Right to Accept Any Bid, and to Reject Any or All Bids .......................... 34
44. Standstill Period ................................................................................................................ 34
45. Notice of Intention to Award ............................................................................................ 34
J. Award of Contract ................................................................................................................. 34
46. Award Criteria .................................................................................................................. 34
47. Notification of Award........................................................................................................ 34
48. Debriefing by the Employer ............................................................................................. 35
49. Signing of Contract ........................................................................................................... 35
50. Performance Security ....................................................................................................... 36
51. Adjudicator ........................................................................................................................ 36
Section II - Bid Data Sheet (BDS) ............................................................................................. 37
Section III - Evaluation and Qualification Criteria ................................................................ 43
Section IV - Bidding Forms ....................................................................................................... 59
Section V - Eligible Countries ................................................................................................. 133
Section VI - Fraud and Corruption ........................................................................................ 133
PART 2 – Work’s Requirements ............................................................................................ 136
Section VII-Works’ Requirements ......................................................................................... 137
PART 3 – Conditions of Contract and ................................................................................... 191

Contract Forms ........................................................................................................................ 191
Section VIII - General Conditions of Contract ..................................................................... 192
Section IX -Particular Conditions of Contract ...................................................................... 241
Salient Features of Labour & Environment Protection Laws ............................................. 268
Appointment of Adjudicator ................................................................................................... 278

Bid No KADANA DAM
PART 1 – Bidding Procedures
Secon Pvt. Ltd

Bid No KADANA DAM
Section I - Instructions to Bidders
A. General
1. Scope of Bid 1.1 In connection with the Specific Procurement Notice - Request
for Bids (RFB), specified in the Bid Data Sheet (BDS),the
Employer, as specified in the BDS, issues this bidding
document for the provision of Works as specified in Section
VII, Works’ Requirements. The name, identification and
number of lots (contracts) of thisRFB are specified in the
BDS.
1.2 Throughout this bidding document:
(a) the term “in writing” means communicated in written
form (e.g. by mail, e-mail, and fax, including if
specified in the BDS, distributed or received through
the electronic-procurement system used by the
Employer) with proof of receipt
(b) if the context so requires, “singular” means “plural”
and vice versa
(c) “Day” means calendar day, unless otherwise specified
as “Business Day”. A Business Day is any day that is
working day of the Borrower. It excludes the
Borrower’s official public holidays
(d) the term “ES” means environmental and social
(including Sexual Exploitation, and Abuse (SEA), and
Sexual Harassment (SH));
(e)“Sexual Exploitation and Abuse” “(SEA)” stands for the
following:
(i) Sexual exploitation is defined as any actual or
attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another.
(ii)
(ii) “Sexual Abuse” is defined as the actual or
threatened physical intrusion of a sexual nature,
whether by force or under unequal or coercive
conditions;

Section – I – Instructions to Bidders
f) “Sexual Harassment” “(SH)” is defined as unwelcome

sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature by the Contractor’s
Personnel with other Contractor’s or Employer’s Personnel;
(g) “Contractor’s Personnel” is as defined in Sub-Clause 1 (ii)of

the General Conditions of Contract and
(h) “Employer’s personnel” is as defined in GCC Sub-Clause
1 (nn) of the General Conditions of Contract.
A non-exhaustive list of (i) behaviors which constitute SEA and
(ii) behaviors which constitute SH is attached to the Code of
Conduct form in Section IV.
2. Source of 2.1 The Borrower or Recipient (hereinafter called “Borrower”)

Funds specified in the BDS has received or has applied for
financing (hereinafter called “funds”) from the International
Bank for Reconstruction and Development or the
International Development Association (hereinafter called
“the Bank”) in an amount specified in the BDS, toward the
project named in the BDS. The Borrower intends to apply a
portion of the funds to eligible payments under the contract(s)
for which this bidding document is issued.
2.2 Payment by the Bank will be made only at the request of the
Borrower and upon approval by the Bank, and will be subject,
in all respects, to the terms and conditions of the Loan (or
other financing) Agreement. The Loan (or other financing)
Agreement prohibits a withdrawal from the loan account for
the purpose of any payment to persons or entities, or for any
import of goods, equipment, plant, or materials, if such
payment or import is prohibited by a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations. No party other than the
Borrower shall derive any rights from the Loan (or other
financing) Agreement or have any claim to the proceeds of
the Loan (or other financing).
3. Fraud and 3.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
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Bid No KADANA DAM
and procedures as set forth in the WBG’s Sanctions

Framework, as set forth in Section VI.
3.2 In further pursuance of this policy, bidders shall permit and
shall cause their agents (whether declared or not),
subcontractors, sub-consultants, service providers, suppliers,
and personnel, to permit the Bank to inspect all accounts,
records and other documents relating to any initial selection
process, prequalification process, bid submission, proposal
submission, and contract performance (in the case of award),
and to have them audited by auditors appointed by the Bank.
4. Eligible 4.1 A Bidder may be a firm that is a private entity, or a state-
Bidders owned enterprise or institution subject to ITB 4.6, or any
combination of them in the form of a joint venture (JV), under
an existing agreement, or with the intent to enter into such an
agreement supported by a letter of intent, unless otherwise
specified in the BDS. In the case of a joint venture, all
members shall be jointly and severally liable for the execution
of the entire Contract in accordance with the Contract terms.
The JV shall nominate a Representative who shall have the
authority to conduct all business for and on behalf of any and
all the members of the JV during the Bidding process and, in
the event the JV is awarded the Contract, during contract
execution. This authorization shall be evidenced by
submitting a power of attorney signed by legally authorized
signatories of all members. Unless specified in the BDS,
there is no limit on the number of members in a JV. The joint
venture agreement shall be registered in the place specified in
BDS soastobe legally valid and binding on members.
4.2 A Bidder shall not have a conflict of interest. All Bidders
found to have a conflict of interest shall be disqualified. A
Bidder may be considered to have a conflict of interest for the
purpose of this Bidding process, if the Bidder:
(a) directly or indirectly controls, is controlled by or is
under common control with another Bidder; or
(b) receives or has received any direct or indirect subsidy
from another Bidder; or
(c) has the same legal representative as another Bidder; or
(d) has a relationship with another Bidder, directly or
through common third parties, that puts it in a position
to influence the Bid of another Bidder, or influence the

decisions of the Employer regarding this bidding

process; or
(e) any of its affiliates participated as a consultant in the
preparation of the design or technical specifications of
the works that are the subject of the Bid; or
(f) any of its affiliates has been hired (or is proposed to be
hired) by the Employer or Borrower as Project
Manager (Engineer) for the Contract implementation
(g) would be providing goods, works, or non-consulting
services resulting from or directly related to consulting
services for the preparation or implementation of the
project specified in the BDS ITB 2.1 that it provided or
were provided by any affiliate that directly or indirectly
controls, is controlled by, or is under common control
with that firm;
(h) has a close business or family relationship with a
professional staff of the Borrower (or of the project
implementing agency, or of a recipient of a part of the
loan) who: (i) are directly or indirectly involved in the
preparation of the bidding document or specifications
of the contract, and/or the Bid evaluation process of
such contract; or (ii) would be involved in the
implementation or supervision of such contract
unlessthe conflict stemming from such relationship has
been resolved in a manner acceptable to the Bank
throughout the procurement process and execution of
the contract.
4.3 A firm that is a Bidder (either individually or as a JV
member) shall not participate in more than one Bid, except
for permitted alternative Bids. This includes participation as a
Subcontractor in other Bids. Such participation shall result in
the disqualification of all Bids in which the firm is involved.
A firm that is not a Bidder or a JV member may participate as
a subcontractor in more than one Bid.
4.4 A Bidder may have the nationality of any country, subject to
the restrictions pursuant to ITB 4.8. A Bidder shall be
deemed to have the nationality of a country if the Bidder is
constituted, incorporated or registered in and operates in
conformity with the provisions of the laws of that country, as
evidenced by its articles of incorporation (or equivalent
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Bid No KADANA DAM
documents of constitution or association) and its registration

documents, as the case may be. This criterion also shall
apply to the determination of the nationality of proposed
subcontractors or sub-consultants for any part of the Contract
including related Services.
4.5 A Bidder that has been sanctioned by the Bank, pursuant to
the Bank’s Anti-Corruption Guidelines, in accordance with its
prevailing sanctions policies and procedures as set forth in the
WBG’s Sanctions Framework as described in Section VI
paragraph 2.2 d., shall be ineligible to be prequalified for,
initially selected for, bid for, propose for, or be awarded a
Bank-financed contract or benefit from a Bank-financed
contract, financially or otherwise, during such period of time
as the Bank shall have determined. The list of debarred firms
and individuals is available at the electronic address specified
in the BDS.
4.6 Bidders that are state-owned enterprises or institutions in the
Employer’s Country may be eligible to compete and be
awarded a Contract(s) only if they can establish, in a manner
acceptable to the Bank, that they (i) are legally and financially
autonomous (ii) operate under commercial law, and (iii) are
not under supervision of the Employer.
4.7 A Bidder shall not be under suspension from Bidding by the
Employer as the result of the operation of a Bid–Securing or
Proposal-Securing Declaration.
4.8 Firms and individuals may be ineligible if so indicated in
Section V and (a) as a matter of law or official regulations,
the Borrower’s country prohibits commercial relations with
that country, provided that the Bank is satisfied that such
exclusion does not preclude effective competition for the
supply of goods or the contracting of works or services
required; or (b) by an act of compliance with a decision of the
United Nations Security Council taken under Chapter VII of
the Charter of the United Nations, the Borrower’s country
prohibits any import of goods or contracting of works or
services from that country, or any payments to any country,
person, or entity in that country. When the Works are
implemented across jurisdictional boundaries (and more than
one country is a Borrower, and is involved in the
procurement), then exclusion of a firm or individual on the

basis of ITB 4.8 (a) above by any country may be applied to

that procurement across other countries involved, if the Bank
and the Borrowers involved in the procurement agree.
4.9 A Bidder shall provide such documentary evidence of
eligibility satisfactory to the Employer, as the Employer shall
reasonably request.
5. Eligible 5.1 The materials, equipment and services to be supplied under

Materials, the Contract and financed by the Bank may have their origin
Equipment in any country subject to the restrictions specified in Section
and Services V, Eligible Countries, and all expenditures under the Contract
will not contravene such restrictions. At the Employer’s
request, Bidders may be required to provide evidence of the
origin of materials, equipment and services.
B. Contents of Bidding Document
6. Sections of 6.1 The bidding document consists of Parts 1, 2, and3, which

Bidding include all the sections specified below, and which should be
Document read in conjunction with any Addenda issued in accordance
with ITB 8.
PART 1 Bidding Procedures
• Section I - Instructions to Bidders (ITB)
• Section II - Bid Data Sheet (BDS)
• Section III - Evaluation and Qualification Criteria
• Section IV - Bidding Forms
• Section V - Eligible Countries
• Section VI - Fraud and Corruption
PART 2 Works’ Requirements
• Section VII - Works’ Requirements
PART 3 Conditions of Contract and Contract
Forms
• Section VIII - General Conditions of Contract (GCC)
• Section IX – ParticularConditions of Contract (PCC)
• Section X - Contract Forms
6.2 The Specific Procurement Notice - Request for Bids (RFB)

issued by the Employer is not part of this bidding document.
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Bid No KADANA DAM
6.3 Unless obtained directly from the Employer or downloaded

from the official website specified in the ‘E-Procurement
Notice’, the Employer is not responsible for the
completeness of the bidding document, responses to requests
for clarification, the minutes of the pre-Bid meeting (if any),
or Addenda to the bidding document in accordance with ITB
8. In case of any contradiction, documents obtained directly
from the Employer or downloaded from the official website
specified in the ‘E-Procurement Notice’ shall prevail.
6.4 The Bidder is expected to examine all instructions, forms,
terms, and specifications in the bidding documentand to
furnish with its Bid all information and documentation as is
required by the bidding document.
7. Clarification 7.1 The electronic bidding system specified in the BDS provides
of Bidding for online clarifications. A Bidder requiring any clarification
Document, on the bidding document may notify the Employer online or
Site Visit, raise its inquiries during the pre-Bid meeting if provided for
Pre-Bid in accordance with ITB 7.4. Clarifications requested through
Meeting any other mode shall not be considered by the Employer.
1. The Employer will respond to any request for clarification,
provided that such request is received prior to the deadline
for submission of Bids within a period specified in the BDS.
Description of clarification sought and the response of the
Employer shall be uploaded for information of all Bidders
without identifying the source of request for clarification.
Should the clarification result in changes to the essential
elements of the bidding document, the Employer shall amend
the bidding document following the procedure under ITB 8
and ITB 22.2. It is the bidder’s responsibility to check on the
e-procurement system, for any addendum/ amendment/
corrigendum to the bidding document.
7.2 The Bidder is advised to visit and examine the Site of Works
and its surroundings and obtain for itself on its own
responsibility all information that may be necessary for
preparing the bid and entering into a contract for
construction of the Works. The costs of visiting the Site shall
be at the Bidder’s own expense.
7.3 The Bidder and any of its personnel or agents will be granted
permission by the Employer to enter upon its premises and
lands for the purpose of such visit, but only upon the express

condition that the Bidder, its personnel, and agents will

release and indemnify the Employer and its personnel and
agents from and against all liability in respect thereof, and
will be responsible for death or personal injury, loss of or
damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.
7.4 If so specified in the BDS, the Bidder’s designated
representative is invited to attend a pre-Bid meeting and/or a
Site of Works visit. The purpose of the meeting will be to
clarify issues and to answer questions on any matter that may
be raised at that stage.
7.5 The Bidder is requested, to submit any questions only through
the e-procurement portal, not later than one week before the
meeting. Clarifications requested through any other mode
shall not be considered by the Employer.
7.6 Minutes of the pre-Bid meeting, if applicable, including the
text of the questions asked by Bidders, without identifying
the source, and the responses given, together with any
responses prepared after the meeting, will be uploaded online
on e-procurement system. Any modification to the bidding
document that may become necessary as a result of the pre-
Bid meeting shall be made by the Employer exclusively
through the issue of an addendum pursuant to ITB 8 and not
through the minutes of the pre-Bid meeting. It is the bidder’s
responsibility to check on the e- procurement system, for any
addendum/ amendment/ corrigendum to the bidding
document. Nonattendance at the pre-Bid meeting will not be
a cause for disqualification of a Bidder.
8. Amendment 8.1 At any time prior to the deadline for submission of bids, the
of Bidding Employer may amend the bidding document by issuing
Document addenda.
8.2 Any addendum issued shall be part of the bidding document
and shall be deemed to have been communicated to all the
bidders. The addenda will appear on the e-procurement
system under “Latest Corrigendum”, and Email notification
is also automatically sent to those bidders who have started
working on the tender, unless otherwise specified in the
BDS. The Employer shall not be liable for any information
not received by the bidder. It is the bidders’ responsibility to
verify the website for the latest information related to this bid.
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Bid No KADANA DAM
8.3 To give prospective Bidders reasonable time in which to take

an addendum into account in preparing their Bids, the
Employer may, at its discretion, extend the deadline for the
submission of Bids, pursuant to ITB 22.2.
C. Preparation of Bids
9. Cost of 9.1 The Bidder shall bear all costs associated with the preparation
Bidding and submission of its Bid, and the Employer shall in no case
be responsible or liable for those costs, regardless of the
conduct or outcome of the Bidding process.
10. Language of 10.1 The Bid, as well as all correspondence and documents
Bid relating to the Bid exchanged by the Bidder and the
Employer, shall be written in English. Supporting documents
and printed literature that are part of the Bid may be in
another language provided they are accompanied by an
accurate translation of the relevant passages in English, in
which case, for purposes of interpretation of the Bid, such
translation shall govern.
11. Documents 11.1 The Bid shall comprise two Parts, namely the Technical Part
Comprising and the Financial Part. These two Parts shall be submitted
the Bid simultaneously.
11.2 The Technical Part shall contain the following:
(a) Letter of Bid– Technical Part prepared in accordance
with ITB 12 and ITB 14,
(b) Bid Security or Bid-Securing Declaration in
accordance with ITB 19.1,
(c) Alternative Bid – Technical Part, if permissible, in
accordance with ITB 13, the Technical Part of any
Alternative Bid,
(d) Authorization: written confirmation authorizing the
signatory of the Bid to commit the Bidder, in
accordance with ITB 20.3, and in accordance with ITB
20.4 in case of a JV,
(e) Bidder’s Eligibility: documentary evidence in
accordance with ITB 17 establishing the Bidder’s
eligibility to Bid,
(f) Qualifications: documentary evidence in accordance
with ITB 17 establishing the Bidder’s qualifications to
perform the contract if its Bid is accepted,

(g) Conformity: a technical proposal in accordance with

ITB 16,
(h) Construction methodology as detailed in Para 1.1 of
Section III Evaluation Criteria,
(i) Contractor Registration certificate (as per RFB); and
(j) any other document required in the BDS.
11.3 The Financial Part shall contain the following:
(a) Letter of Bid – Financial Part: prepared in
accordance with ITB 12 and ITB 14,
(b) Completed Schedules including priced Bill of
Quantities in accordance with ITB 12 and ITB 14, as
specified in BDS,
(c) Alternative Bid - Financial Part: if permissible in
accordance with ITB 13; and
(d) any other documentrequired in the BDS.
11.4 The Technical Part shall not include any information related
to the Bid price. Where material financial information related
to the Bid price is contained in the Technical Part the Bid
shall be declared non-responsive.
11.5 In addition to the requirements under ITB 11.2, Bids
submitted by a JV (where permitted) shall include a copy of
the Joint Venture Agreement entered into by all members.
Alternatively, a letter of intent to execute a Joint Venture
Agreement in the event of a successful Bid shall be signed by
all members and submitted with the Bid, together with a
copy of the proposed Agreement.
11.6 The Bidder shall furnish in the Letter of Bid – Financial Part
information on commissions and gratuities, if any, paid or to
be paid to agents or any other party relating to this Bid.
12. Process of Bid 12.1 The Letter of Bid – Technical Part, Letter of Bid – Financial
Submission Part, Schedules including Bill of Quantities, and all
documents listed under Clause 11, shall be prepared using
the relevant forms furnished in Section IV, Bidding Forms.
The forms must be completed without any alterations to the
text, and no substitutes shall be accepted except as provided
under ITB 20.3. All blank spaces shall be filled in with the
information requested.
12.2 Entire Bid including the Letters of Bid, schedules and filled-
up Bill of Quantitiesshall be submitted online on e-
procurement system specified in ITB 7.1. Details and
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Bid No KADANA DAM
process of online submission of the tender and relevant

documents are given in the website mentioned above.
Scanned copies of documents listed in ITB Clauses 11 and
12.3 should also be uploaded on this website.
12.3 Submission of Original Documents: The bidders are
required to separately submit (i) original payment
documents towards the cost of bid document; and
registration on e-procurement website (if applicable); (ii)
original bid securityor Bid-Securing Declaration in approved
form; and (iii) original affidavit regarding correctness of
information furnished with bid document, with the office
specified in the BDS, before the Bid submission deadline,
either by registered/speed post/courier or by hand, failing
which the bids will be declared non-responsive and will not
be opened. Hard copy of rest of the bid or any other
document is not to be submitted.
13. Alternative 13.1 Unless otherwise specified in the BDS, alternative Bids shall
Bids not be considered.
13.2 When alternative times for completion are explicitly invited, a
statement to that effect will be included in the BDS and the
method of evaluating different alternative times for
completion will be described in Section III, Evaluation and
Qualification Criteria.
13.3 Except as provided under ITB 13.4 below, Bidders wishing to
offer technical alternatives to the requirements of the bidding
document must first price the Employer’s design as
described in the bidding document and shall further provide
all information necessary for a complete evaluation of the
alternative by the Employer, including drawings, design
calculations, technical specifications, breakdown of prices,
and proposed construction methodology and other relevant
details. Only the technical alternatives, if any, of the Bidder
with the Most Advantageous Bid conforming to the basic
technical requirements shall be considered by the Employer.
13.4 When specified in the BDS, Bidders are permitted to submit
alternative technical solutions for specified parts of the
Works. Such parts will be identified in the BDS and
described in Section VII-Works’ Requirements. The method
for their evaluation will be stipulated in Section III-

Evaluation and Qualification Criteria.
14. Bid Prices 14.1 The prices and discounts quoted by the Bidder in the Letter of
and Discounts Bid –Financial Part and in the Schedules including Bill of
Quantities shall conform to the requirements specified
below.
14.2 The Bidder shall submit a Bid for the whole of the Works
described in ITB 1.1 by filling in prices for all items of the
Works, as identified in Section IV - Bidding Forms along
with the total bid price (both in figures and words). The
Bidder shall fill in rates and prices for all items of the Works
described in the Bill of Quantities. Items against which no
rate or price is entered by the Bidder will not be paid for by
the Employer when executed and shall be deemed covered
by the rates for other items and prices in the Bill of
Quantities. Corrections if any, in the bid can be carried out
by editing the information before electronic submission on e-
procurement portal.
14.3 The price to be quoted in the Letter of Bid – Financial Part, in
accordance with ITB 12.1, shall be the total price of the Bid,
excluding any discounts offered.
14.4 The Bidder shall quote any discounts and indicate the
methodology for their application in the Letter of Bid –
Financial Part in accordance with ITB 12.1.
14.5 Unless otherwise specified in the BDS and the Conditions of
Contract, the prices quoted by the Bidder shall be fixed.
14.6 If so specified in ITB 1.1, Bids are invited for individual lots
(contracts)or for any combination of lots (packages). Bidders
wishing to offer discounts for the award of more than one
Contract shall specify in their Bid the price reductions
applicable to each package, or alternatively, to individual
Contracts within the package. Discounts shall be submitted
in accordance with ITB 14.4, provided the Bids for all lots
(contracts) are opened at the same time.
14.7 All duties, taxes, and other levies payable by the Contractor
under the Contract, or for any other cause, as of the deadline
for submission of Bids, shall be included in the rates and
prices and the total Bid price submitted by the Bidder.
14.8 Bidders may like to ascertain availability of tax/duty
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Bid No KADANA DAM
exemption benefits available in India. They are solely

responsible for obtaining such benefits which they have
considered in their bid and in case of failure to receive such
benefits for reasons whatsoever, the Employer will not
compensate the bidder (Contractor). The bidder shall furnish
along with his bid a declaration to this effect in the
Declaration Format provided in Section IV of the bidding
document.
Where the bidder has quoted taking into account such
benefits, it must give all information required for issue of
certificates in terms of the Government of India’s relevant
Notifications as per the declaration format. In case the
bidder has not provided the required information or has
indicated to be furnished lateron in the Declaration Format,
the same shall be construed that the goods/construction
equipment for which certificate is required is Nil.
To the extent the Employer determines the quantities
indicated therein are reasonable keeping in view the
quantities in bill of quantities, construction program and
methodology, the certificates will be issued within 60 days
of signing of the contract and no subsequent changes will be
permitted. In case of materials pertaining to Variation items
and quantities, the certificate shall be issued only on request
from the Contractor when in need and duly certified by the
Project Manager.
No certificate will be issued for items where no
quantity/capacity of equipment is indicated in the statement.
If the bidder has considered the tax/duty exemption for
materials/construction equipment to be bought for the work,
the bidder shall confirm and certify that the Employer will
not be required to undertake any responsibilities of the
Government of India Scheme or the said exemptions being
available during the contract execution, except issuing the
required certificate. The bids which do not conform to the
above provisions or any condition by the bidder which
makes the bid subject to availability of tax/duty exemption
for materials/construction equipment or compensation on
withdrawal of any variations to the said exemptions will be
treated as non-responsive and rejected.
Any delay in procurement of the construction equipment/

machinery/goods as a result of the above shall not be a cause

for granting any extension of time.
15. Currencies of 15.1 The unit rates and prices shall be quoted by the Bidder and
Bid and shall be paid for, entirely in Indian Rupees.
Payment
16. Documents 16.1 The Bidder shall furnish a technical proposal in the Technical
Comprising Part of the Bid, including a statement of work methods,
the Technical equipment, personnel, schedule and any other information as
Proposal stipulated in Section IV, Bidding Forms, in sufficient detail
to demonstrate the adequacy of the Bidders’ proposal to
meet the work’s requirements and the completion time.
17. Documents 17.1 To establish Bidder’s eligibility in accordance with ITB 4,
Establishing Bidders shall complete the Letter of Bid – Technical Part,
the Eligibility included in Section IV, Bidding Forms.
and 17.2 In accordance with Section III, Evaluation and Qualification
Qualifications Criteria, to establish its qualifications to perform the
of the Bidder Contract, the Bidder shall provide the information requested
in the corresponding information sheets included in Section
IV, Bidding Forms.
18. Period of 18.1 Bids shall remain valid for 90 days or for the Bid Validity
Validity of period specified in the BDS. The Bid Validity period starts
Bids from the date fixed for the Bid submission deadline (as
prescribed by the Employer in accordance with ITB 22.1). A
Bid valid for a shorter period shall be rejected by the
Employer as nonresponsive.
18.2 In exceptional circumstances, prior to the expiration of the
Bid validity period, the Employer may request Bidders to
extend the period of validity of their Bids. The request and
the responses shall be made in writing. If a Bid Security is
requested in accordance with ITB 19, it shall also be
extended for forty-five (45) days beyond the deadline of the
extended validity period. A Bidder may refuse the request
without forfeiting its Bid Security. A Bidder granting the
request shall not be required or permitted to modify its Bid,
except as provided in ITB 18.3.
18.3 If the award is delayed by a period exceeding fifty-six (56)
days beyond the expiry of the initial Bid validity period, the
Contract price shall be determined as follows:
Page | 21
Bid No KADANA DAM
(a) in the case of fixed price contracts, the Contract price

shall be the Bid price adjusted by the factor specified
in theBDS.
(b) in the case of adjustable price contracts, no
adjustment shall be made; or
(c) in any case, Bid evaluation shall be based on the Bid
price without taking into consideration the applicable
correction from those indicated above.
19. Bid Security 19.1 The Bidder shall furnish as part of the Technical Part of its
Bid, either a Bid-Securing Declaration or a Bid Security as
specified in the BDS, in original form; and, in the case of a
Bid security, for the amount specified in the BDS.
19.2 A Bid Securing Declaration shall use the form included in
Section IV, Bidding Forms.
19.3 If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security shall be a demand guarantee in any of the following
forms at the Bidder’s option:
(a) an unconditional bank guarantee issued by a
Nationalized or Scheduled bank located in India.
(b) an irrevocable letter of credit issued by a Nationalized
or Scheduled bank located in India.
(c) a cashier’s or certified check or demand draft issued by
a Nationalized or Scheduled bank located in India.
(d) another security specified in the BDS,
In the case of a bank guarantee, the Bid Security shall be
submitted using the Bid Security Form included in Section
IV, Bidding Forms. The form must include the complete
name of the Bidder. The Bid Security shall be valid for forty-
five (45) days beyond the original validity period of the Bid,
or beyond any period of extension if requested under ITB
18.2.
19.4 If a Bid Security or Bid Securing Declaration is specified
pursuant to ITB 19.1, any Bid not accompanied by a
substantially responsive Bid Security or Bid Securing
Declaration shall be rejected by the Employer as non-
responsive.
19.5 If a Bid Security is specified pursuant to ITB 19.1, the Bid
Security of unsuccessful Bidders shall be returned as
promptly as possible upon the successful Bidder’s signing

the Contract and furnishing the Performance Security and if

required in the BDS, the Environmental and Social (ES)
Performance Security pursuant to ITB 50.
19.6 The Bid Security of the successful Bidder shall be returned as
promptly as possible once the successful Bidder has signed
the Contract and furnished the required Performance
Security and if required in the BDS, the Environmental and
Social (ES) Performance Security. .
19.7 The Bid Security may be forfeited, or the Bid-Securing
Declaration executed:
(a) if a Bidder withdraws/modifies/substitutes its Bid
during the period of Bid validity specified by the
Bidder on the Letter of Bid - Technical Part and
repeated in Letter of Bid - Financial Part, or any
extension thereto provided by the Bidder; or
(b) if the Bidder does not accept the correction of its Bid
Price pursuant to ITB 36; or
(c) if the successful Bidder fails to:
(i) sign the Contract in accordance with ITB 49; or
(ii) furnish a Performance Security and if required in
the BDS, the Environmental and Social (ES)
Performance Security in accordance with ITB 50.
19.8 The Bid Security or the Bid-Securing Declaration of a JVshall
be in the name of the JVthat submits the Bid. If the JVhas
not been constituted into a legally enforceable JV, at the
time of Bidding, the Bid Security or the Bid-Securing
Declaration shall be in the names of all future members as
named in the letter of intent mentioned in ITB 4.1 and ITB
11.2.
19.9 If a Bid Security is not required in the BDS, pursuant to ITB
19.1, and:
(a) if a Bidder withdraws its Bid during the period of Bid
validity specified by the Bidder in the Letters of Bid;
or any extended date provided by the Bidder; or
(b) if the successful Bidder fails to: sign the Contract in
accordance with ITB 49; or furnish a Performance
Security and if required in the BDS, the Environmental
and Social (ES) Performance Security in accordance
with ITB 50.
the Borrower may, if provided for in the BDS, declare the Bidder
Page | 23
Bid No KADANA DAM
ineligible to be awarded a contract by the Employer for a periodof

time as stated in the BDS.
20. Format and 20.1 The Bidder shall prepare the Bid as per details given in ITB
Signing of Bid 21.
20.2 Bidders shall mark as “CONFIDENTIAL” information in
their Bids which is confidential to their business.
20.3 The Bid shall be signed by a person duly authorized to sign
on behalf of the Bidder. This authorization shall consist of a
written confirmation as specified in the BDS and shall be
uploaded along with the Bid. The name and position held by
each person signing the authorization must be typed or
printed below the signature.
20.4 In case the Bidder is a JV, the Bid shall be signed by an
authorized representative of the JV on behalf of the JV, and
so as to be legally binding on all the members as evidenced
by a power of attorney signed by their legally authorized
representatives. Documents establishing authority to sign the
bid on behalf of the JV shall be uploaded along with the bid.
20.5 Any interlineations, erasures, or overwriting shall be valid
only if they are signed or initialed by the person signing the
Bid.
D. Online Submission and Opening of Bids

21. Preparation 21.1 Bids, both Technical and Financial Parts, shall be submitted
of Bids online on the e-procurement system specified in BDS 7.1.
Detailed guidelines for viewing bids and submission of
online bids are given on the website. The Request for Bids
under this Project is published on this website. Any citizen
or prospective bidder can logon to this website and view the
Request for Bids and can view the details of works for
which bids are invited. A prospective bidder can submit its
bid online; however, the bidder is required to have
enrolment/registration in the website, and should have valid
Digital Signature Certificate (DSC) in the form of smart
card/e-token obtained from any certifying agency authorised
by the Government of India (for class of DSC specified in
BDS). The bidder should register in the website using the
relevant option available. Then the Digital Signature
registration has to be done with the e-token, after logging

into the website. The bidder can then login the website
through the secured login by entering the password of the e-
token & the user id/ password chosen during registration.
After getting the bid schedules, the Bidder should go
through them carefully and submit the specified documents,
along with the bid, otherwise the bid will be rejected.
21.2 The completed bid comprising of documents indicated in ITB
12, should be uploaded on the e-procurement portal along
with scanned copies of requisite certificates as are
mentioned in different sections in the bidding document and
scanned copy of the bid security.
21.3 All the documents are required to be signed digitally by the
bidder. After electronic online bid submission, the system
generates a unique bid identification number which is time
stamped as per server time. This shall be treated as
acknowledgement of bid submission.
21.4 Physical, e-mail, Telex, Cable or Facsimile bids will be
rejected as non-responsive.
22. Deadline for 22.1 Bids, both Technical and Financial Parts, must be uploaded
Submission of online no later than the date and time specified in the BDS.
Bids 22.2 The Employer may, at its discretion, extend the deadline for
the submission of Bids by amending the bidding document
in accordance with ITB 8, in which case all rights and
obligations of the Employer and Bidders previously subject
to the deadline shall thereafter be subject to the deadline as
extended.
23. Late Bids 23.1 The electronic bidding system would not allow any late
submission of bids after due date & time as per server time.
24. Withdrawal, 24.1 Bidders may modify their bids by using the appropriate option
Substitution, for bid modification on e-procurement portal, before the
and deadline for submission of bids. For this the bidder need not
Modification make any additional payment towards the cost of bid
of Bids document. For bid modification and consequential re-
submission, the bidder is not required to withdraw his bid
submitted earlier. The last modified bid submitted by the
bidder within the bid submission time shall be considered as
the bid. For this purpose, modification/withdrawal by other
means will not be accepted. In online system of bid
submission, the modification and consequential re-
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Bid No KADANA DAM
submission of bids is allowed any number of times. A bidder

may withdraw his bid by using the appropriate option for bid
withdrawal, before the deadline for submission of bids,
however, if the bid is withdrawn, re-submission of the bid is
not allowed (or allowed if specified in BDS).
24.2 Bids requested to be withdrawn in accordance with ITB 24.1
shall not be opened.
24.3 No Bid may be withdrawn, substituted, or modified in the
interval between the deadline for submission of Bids and the
expiration of the period of Bid validity specified by the
Bidder on the Letter of Bid or any extension thereof. This
will result in the forfeiture of the Bid Security pursuant to
ITB 19.7.
E. Public Opening of Technical Parts of Bids

25. Public 25.1 The Employer shall publicly open Technical Parts of all Bids
Opening of received by the deadline, at the date, time and place specified
Technical in the BDS, in the presence of Bidders’ designated
Parts of Bids representatives and anyone who chooses to attend, and this
could also be viewed by the bidders online. The Financial
Parts of the bids shall remain unopened in the e-procurement
system, until the subsequent public opening, following the
evaluation of the Technical Parts of the Bids. In all cases,
original documents submitted as specified in ITB 12.3 shall
be first scrutinized, and Bids that do not comply with the
provisions of ITB 12.3 will be declared non-responsive and
will not be opened. Thereafter, bidders’ names,the presence
or absence of a Bid Security or Bid Securing Declaration, if
one was required, alternative bids – technical parts, if any,
and such other details as the Employer may consider
appropriate will be notified, online by the Employer at the
time of bid opening.
In the event of the specified date of bid opening being
declared a holiday for the Employer, the bids will be opened
at the appointed time and location on the next working day.
25.2 The electronic summary of the bid opening will be generated
and uploaded online. The Employer will also prepare minutes
of the Bid opening, including the information disclosed and
upload the same for viewing online. Only Technical Parts of

Bids, and technical parts of Alternative Bids if any, that are

opened at technical Bid opening shall be considered further
for evaluation.
F. Evaluation of Bids – General Provisions

26. Confidentialit 26.1 Information relating to the evaluation of Bids and
y recommendation of contract award, shall not be disclosed to
Bidders or any other persons not officially concerned with
the Bidding process until information on Intention to Award
the Contract is transmitted to all Bidders in accordance with
ITB 45. In cases where ITB 45 is not applicable, such
information shall not be disclosed until Notification of
Award is transmitted in accordance with ITB 47.
26.2 Any effort by a Bidder to influence the Employer in the
evaluation of the Bids or Contract award decisions may
result in the rejection of its Bid.
26.3 Notwithstanding ITB 26.2, from the time of Bid opening to
the time of Contract award, if a Bidder wishes to contact the
Employer on any matter related to the Bidding process, it
shall do so in writing.
27. Clarification 27.1 To assist in the examination, evaluation, and comparison of
of Bids the Bids, and qualification of the Bidders, the Employer
may, at its discretion, ask any Bidder for a clarification of its
Bid giving a reasonable time for a response. Any
clarification submitted by a Bidder that is not in response to
a request by the Employer shall not be considered. The
Employer’s request for clarification and the response shall
be in writing. No change, including any voluntary increase
or decrease in the prices or substance of the Bid shall be
sought, offered, or permitted, except to confirm the
correction of arithmetic errors discovered by the Employer
in the evaluation of the Bids, in accordance with ITB 36.
27.2 If a Bidder does not provide clarifications of its Bid by the
date and time set in the Employer’s request for clarification,
its Bid may be rejected.
28. Deviations, 28.1 During the evaluation of Bids, the following definitions
Reservations, apply:
and (a) “Deviation” is a departure from the requirements
Omissions specified in the bidding document,
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Bid No KADANA DAM
(b) “Reservation” is the setting of limiting conditions or

withholding from complete acceptance of the
requirements specified in the bidding document; and
(c) “Omission” is the failure to submit part or allof the
information or documentation required in the bidding
document.
29. Nonmaterial 29.1 Provided that a Bid is substantially responsive, the Employer
Nonconformit may waive any non-conformities in the Bid which do not
ies constitute a material deviation, reservation or omission.
29.2 Provided that a Bid is substantially responsive, the Employer
may request that the Bidder submit the necessary information
or documentation, within a reasonable period of time, to
rectify nonmaterial nonconformities in the Bid related to
documentation requirements. Requesting information or
documentation on such nonconformities shall not be related
to any aspect of the price or substance of the Bid. Failure of
the Bidder to comply with the request may result in the
rejection of its Bid.
29.3 Provided that a Bid is substantially responsive, the Employer
shall rectify quantifiable nonmaterial nonconformities related
to the Bid Price. To this effect, the Bid Price shall be
adjusted, for comparison purposes only, to reflect the price
of a missing or nonconforming item or component in the
manner specified in the BDS.
G. Evaluation of Technical Parts of Bids

30. Evaluation of 30.1 In evaluating the Technical Parts of each Bid, the Employer
Technical shall use the criteria and methodologies listed in this ITB
Parts and Section III, Evaluation and Qualification Criteria. No
other evaluation criteria or methodologies shall be
permitted.
31. Determinatio 31.1 The Employer’s determination of a Bid’s responsiveness is to
n of be based on the contents of the Bid itself, as defined in ITB
Responsivene 11.
ss 31.2 A substantially responsive Bid is one that meets the
requirements of the bidding document without material
deviation, reservation, or omission. A material deviation,
reservation, or omission is one that:
(a) if accepted, would:

(i) affect in any substantial way the scope, quality,

or performance of the Works specified in the
Contract; or
(ii) limit in any substantial way, inconsistent with
the bidding document, the Employer’s rights or
the Bidder’s obligations under the proposed
Contract; or
(b) if rectified, would unfairly affect the competitive
position of other Bidders presenting substantially
responsive Bids.
31.3 The Employer shall examine the technical aspects of the Bid
submitted in accordance with ITB 16, in particular to
confirm that all requirements of Section VII, Works’
Requirements have been met without any material deviation,
reservation or omission.
31.4 If a Bid is not substantially responsive to the requirements of
the bidding document, it shall be rejected by the Employer
and may not subsequently be made responsive by correction
of the material deviation, reservation, or omission.
32. Qualification 32.1 The Employer shall determine to its satisfaction whether the
of the Bidder eligible Bidders that have submitted substantially responsive
Bid - Technical Parts meet the qualifying criteria specified
in Section III, Evaluation and Qualification Criteria.
32.2 The determination shall be based upon an examination of the
documentary evidence of the Bidder’s qualifications
submitted by the Bidder, pursuant to ITB 17. The
determination shall not take into consideration the
qualifications of other firms such as the Bidder’s
subsidiaries, parent entities, affiliates, subcontractors (other
than Specialized Subcontractors if permitted in the bidding
document), or any other firm different from the Bidder.
32.3 If a Bidder does not meet the qualifying criteria specified in
Section III, Evaluation and Qualification Criteria, its Bid
shall be rejected by the Employer and may not subsequently
be made responsive by correction of the material deviation,
reservation, or omission.
32.4 Only Bids that are both substantially responsive to the
bidding documentand meet all Qualification Criteria shall
have the Financial Parts of their Bids opened at the second
public opening.
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Bid No KADANA DAM
33. Subcontracto 33.1 Unless otherwise stated in the BDS, the Employer does not
rs intend to execute any specific elements of the Works by
subcontractors selected in advance by the Employer.
33.2 The subcontractor’s qualifications shall not be used by the
Bidder to qualify for the Works unless their specialized parts
of the Works were previously designated by the Employer in
the BDS as can be met by subcontractors referred to hereafter
as ‘Specialized Subcontractors’, in which case, the
qualifications of the Specialized Subcontractors proposed by
the Bidder may be added to the qualifications.
33.3 Bidders may propose subcontracting up to the percentage of
total value of contracts or the volume of works as specified in
the BDS.Subcontractors proposed by the Bidder shall be fully
qualified for their parts of the Works.
H. Public Opening of Financial Parts of Bids

34. Public 34.1 Following the completion of the evaluation of the Technical
Opening of Parts of the Bids, and the Bank has issued its no objection (if
Financial applicable), the Employer shall notify in writing those
Parts Bidders whose Bids were considered non-responsive to the
bidding document or failed to meet the Qualification
Criteria, advising them of the following information:
(a) the grounds on which their Technical Part of Bid failed
to meet the requirements of the bidding document.
(b) their Financial Part of Bid shall not be opened; and
(c) notify them of the date, time, and location for public
opening of Financial Parts of the Bids.
34.2 The Employer shall, simultaneously, notify in writing those
Bidders whose Technical Part have been evaluated as
substantially responsive to the bidding document and met all
Qualifying Criteria, advising them of the following
information:
(a) their Bid has been evaluated as substantially
responsive to the bidding document and met the
Qualification Criteria,
(b) their Financial Part of Bid will be opened at the public
opening of the Financial Parts; and
(c) notify them of the date, time and location for public
opening of the Financial Parts of the Bids, as specified

in the BDS.
34.3 The opening date should allow Bidders sufficient time

tomakearrangements for attending the opening. The
Financial Part of the Bids shall be opened publicly in the
presence of Bidders’ designated representatives and anyone
who chooses to attend, and this could also be viewed by the
bidders online. The bidder’s names, the Bid prices, per lot
(contract) if applicable, including any discounts and
Alternative Bid - Financial Part if any, and such other details
as the Employer may consider appropriate, will be notified
online by the Employer at the time of bid opening.
In the event of the specified date of bid opening being
declared a holiday for the Employer, the bids will be opened
at the appointed time and location on the next working day.
34.4 The electronic summary of the bid opening will be generated
and uploaded online. The Employer will also prepare
minutes of the Bid opening, including the information
disclosed and upload the same for viewing online. Only
Financial Parts of Bids, Financial Parts of Alternative Bids,
and discounts that are opened at Bid opening shall be
considered further for evaluation.
I. Evaluation of Financial Parts of Bids

35. Evaluation of 35.1 To evaluate the Financial Part, the Employer shall consider
Financial the following:
Parts (a) the Bid price, excluding Provisional Sums and the
provision, if any, for contingencies in the Summary Bill
of Quantities for admeasurement contracts;but including
Daywork1items, where priced competitively;
(b) price adjustment for correction of arithmetic errors in
accordance with ITB 36.1;
(c) price adjustment due to discounts offered in accordance
with ITB 14.4;
1
Daywork is work carried out following instructions of the Project Manager and paid for on the basis of time
spent by workers, and the use of materials and the Contractor’s equipment, at the rates quoted in the Bid. For
Daywork to be priced competitively for Bid evaluation purposes, the Employer must list tentative quantities for
individual items to be costed against Daywork (e.g., a specific number of tractor driver staff-days, or a specific
tonnage of Portland cement), to be multiplied by the Bidders’ quoted rates and included in the total Bid price.
Page | 31
Bid No KADANA DAM
(d) Not used.

(e) price adjustment due to quantifiable nonmaterial
nonconformities in accordance with ITB 29.3;and
(f) the additional evaluation factors are specified in Section
III, Evaluation and Qualification Criteria.
35.2 The estimated effect of the price adjustment provisions of the
Conditions of Contract, applied over the period of execution
of the Contract, shall not be taken into account in Bid
evaluation.
35.3 If this bidding document allows Bidders to quote separate
prices for different lots (contracts), the methodology to
determine the lowest evaluated cost of the contract
combinations, including any discounts offered in the Letter
of Bid – Financial Part, is specified in Section III,
Evaluation and Qualification Criteria
36. Correction of 36.1 In evaluating the Financial Part of each Bid, the Employer
Arithmetical shall correct arithmetical errors on the following basis:
Errors (a) only for admeasurement contracts, if there is a
discrepancy between the unit price and the total price
that is obtained by multiplying the unit price and
quantity, the unit price shall prevail, and the total
price shall be corrected;
(b) if there is an error in a total corresponding to the
addition or subtraction of subtotals, the subtotals shall
prevail, and the total shall be corrected; and
(c) if there is a discrepancy between words and figures,
the amount in words shall prevail, unless the amount
expressed in words is related to an arithmetic error, in
which case the amount in figures shall prevail subject
to (a) and (b) above.
36.2 Bidders shall be requested to accept correction of arithmetical
errors. Failure to accept the correction in accordance with
ITB 36.1, shall result in the rejection of the Bid and the Bid
Security may be forfeited in accordance with ITB Sub-
Clause 19.7.
37. Conversion to 37.1 Not used.
Single
Currency

38. Margin of 38.1 Not applicable.

Preference
39. Comparison 39.1 The Employer shall compare the evaluated costs of all
of Financial responsive and qualified Bids to determine the Bid that has
Parts the lowest evaluated cost.
40. Abnormally 40.1 An Abnormally Low Bid is one where the Bid price, in
Low Bids combination with other constituent elements of the Bid,
appears unreasonably low to the extent that the Bid price
raises material concerns as to the capability of the Bidder to
perform the Contract for the offered Bid price.
40.2 In the event of identification of a potentially Abnormally
Low Bid, the Employer, unless otherwise specified in the
BDS, shall seek written clarifications from the Bidder,
including detailed price analyses of its Bid price in relation to
the subject matter of the contract, scope, proposed
methodology, schedule, allocation of risks and responsibilities
and any other requirements of the bidding document.
40.3 After evaluation of the price analyses, in the event that the
Employer determines that the Bidder has failed to demonstrate
its capability to perform the Contract for the offered Bid Price,
the Employer shall reject the Bid.
41. Unbalanced 41.1 If the Bid for an admeasurement contract, which results in the
or Front- lowest evaluated cost is, in the Employer’s opinion, seriously
Loaded Bids unbalanced or, front-loaded, the Employer may require the
Bidder to provide written clarifications. Clarifications may
include detailed price analyses (with breakdown of unit
rates) to demonstrate the consistency of the Bid prices with
the scope of works, proposed methodology, schedule and any
other requirements of the bidding document.
41.2 After the evaluation of the information and detailed price
analysis presented by the Bidder, the Employer may as
appropriate:
(a) accept the Bid without any additional Performance
Security; or
(b) require that the amount of the Performance Security be
increased at the expense of the Bidder to a level not
exceeding twenty percent (20%) of the Contract Price
to protect the Employer against financial loss in the
event of default of the successful Bidder under the
Page | 33
Bid No KADANA DAM
Contract; or
(c) reject the Bid if the risk cannot be mitigated through
additional performance security.
42. Most 42.1 Having compared the evaluated costs of Bids, the Employer
Advantageous shall determine the Most Advantageous Bid. The Most
Bid Advantageous Bid is the Bid of the Bidder that meets the
Qualification Criteria and whose Bid has been determined to
be:
(a) substantially responsive to the bidding document; and
(b) the lowest evaluated cost.
43. Employer’s 43.1 The Employer reserves the right to accept or reject any Bid,
Right to and to annul the Bidding process and reject all Bids at any
Accept Any time prior to Contract Award, without thereby incurring any
Bid, and to liability to Bidders. In case of annulment, all documents
Reject Any or submitted and specifically, Bid securities, shall be promptly
All Bids returned to the Bidders.
44. Standstill 44.1 Standstill Period shall not apply.
Period [Note 1: where it is proposed to permit Standstill Period,
incorporate all changes as indicated in Attachment 1 at the end of
this document.
Note 2: Standstill period shall not apply where only one bid is
submitted or where the bidding process is in response to an
emergency situation recognized by the Bank].
45. Notice of 45.1 Not used.
Intention to
Award
J. Award of Contract
46. Award 46.1 Subject to ITB 43, the Employer shall award the Contract to
Criteria the successful Bidder. This is the Bidder whose Bid has been
determined to be the Most Advantageous Bid as specified in
ITB 42.
47. Notification 47.1 Prior to the expiration of the Bid Validity Period, the
of Award Employer shall transmit the Letter of Acceptance to the
successful Bidder. The Letter of Acceptance shall specify
the sum that the Employer will pay the Contractor in
consideration of the execution of the contract (hereinafter
and in the Conditions of Contract and Contract Forms called
“the Contract Price”).

47.2 Within ten (10) Business Days after the date of transmission
of the Letter of Acceptance, the Employer shall publish the
Contract Award Notice which shall contain, at a minimum,
the following information:
(a) name and address of the Employer;
(b) name and reference number of the contract being
awarded, and the selection method used;
(c) names of all Bidders that submitted Bids, and their Bid
prices as read out at Bid opening, and as evaluated;
(d) names of all Bidders whose Bids were rejected either as
nonresponsive or as not meeting qualification criteria,
or were not evaluated, with the reasons; therefor, and
(e) the name of the successful Bidder, the final total
contract price, the contract duration and a summary of
its scope.
47.3 The Contract Award Notice shall be published on a National
GOIwebsite : http://tenders.gov.in or GoI Central Public
Procurement Portal https://eprocure.gov.in/cppp/) or on the
Employer’s website, and on the e-procurement system.
47.4 Until a formal contract is prepared and executed, the
notification of award shall constitute a binding Contract.
48. Debriefing by 48.1 Not used.
the Employer
49. Signing of 49.1 Promptly upon Notification of Award, the Employer shall
Contract prepare the Contract Agreement, and keep it ready in the
office of the Employer for the signature of the Employer and
the successful Bidder, within 21 days following the date of
Letter of Acceptance. The Contract Agreement shall
incorporate all agreements between the Employer and the
successful Bidder.
49.2 Within twenty-one (21) days of receipt of the Letter of
Acceptance, the successful Bidder shall (a) furnish the
performance security and if required in the BDS, the
Environmental and Social (ES) Performance Security in
accordance with ITB Clause 50 and revised construction
methodology; (b) if the successful bidder is a JV, it shall
also furnish the JV agreement duly signed by all the
members, if it had submitted only a letter of intent to execute
the JV agreement along with the bid; and (c) shall sign, date
Page | 35
Bid No KADANA DAM
and return the Agreement to the Employer along with the

documents stated at (a) and (b) above.
50. Performance 50.1 Within twenty-one (21) days of the receipt of the Letter of
Security Acceptance from the Employer, the successful Bidder shall
furnish the Performance Security and if required in the BDS,
the Environmental and Social (ES) Performance Security in
accordance with the General Conditions of Contract, subject
to ITB 41.2 (b), using for that purpose the Performance
Security and ES Performance Security Forms included in
Section X, Contract Forms. The performance security and if
required in the BDS, the Environmental and Social (ES)
Performance Security of a Joint Venture shall be in the name
of the Joint Venture specifying the names of all members.
50.2 Failure of the successful Bidder to submit the above-
mentioned Performance Security and if required in the BDS,
the Environmental and Social (ES) Performance Security or
to sign the Contract Agreement shall constitute sufficient
grounds for the annulment of the award and forfeiture of the
Bid Security. In that event the Employer may award the
Contract to the Bidder offering the next Most Advantageous
Bid.
50.3 Upon the successful Bidder’s signing the Agreement and
furnishing of the Performance Security and if required in the
BDS, the Environmental and Social (ES) Performance
Security pursuant to ITB Clause 50.1, the Employer shall
promptly notify the name of the winning bidder to each
unsuccessful bidder and shall discharge the Bid Securities of
the bidders pursuant to ITB Clause 19.5 and 19.6.
51. Adjudicator 51.1 The Employer proposes the person named in the BDS to be
appointed as Adjudicator under the Contract, at the daily fee
specified in the BDS, plus reimbursable expenses (actual
boarding, lodging, travel and other incidental expenses). If
the Bidder disagrees with this proposal, the Bidder should so
state in his Bid. If, in the Letter of Acceptance, the Employer
does not agree on the appointment of the Adjudicator, the
Employer will request the Appointing Authority designated
in the Particular Conditions of Contract (PCC) pursuant to
Clause 23.1 of the General Conditions of Contract (GCC), to
appoint the Adjudicator.

Section II – Bid Data Sheet
Section II - Bid Data Sheet (BDS)
The following specific data for the Works to be procured shall complement,
supplement, or amend the provisions in the Instructions to Bidders (ITB). Whenever
there is a conflict, the provisions herein shall prevail over those in ITB
ITB A.General
Reference
ITB 1.1 Thenumber ofthe RequestforBids is: ……………. 2020/21
TheEmployeris: Narmada Water Resources, Water Supply Kadapsar

Department.
The referencenumber ofthe Request forBids (RFB)is:……..2020/21
Thename oftheRFBis:Construction of new roads and strengthening of

exsisting roads, additional turfing for downstream slopes with sprinkler
system and other allied activities at Ukai Project, Gujarat underDRIP-II
Thenumber and identification oflots(contracts)comprisingthis RFBis:

…………………….2020/21 (Single Contract)
ITB 1.2 TheEmployer shalluse thee-procurement systemspecifiedin BDS7.1.
ITB 2.1 TheBorrower is:Government ofIndia.
The sub-Borrower is Government of Gujarat and
Employer is Narmada Water Resources, Water Supply Kadapsar
Department.
Loan or FinancingAgreement amount: [insert USequivalent]
Thename oftheProject is:Dam Rehabilitationand Improvement Project

(DRIP-II)
ITB 4.1 Joint Ventures NOTALLOWED
ITB 4.5 A listof debarred firms and individuals is available on theBank ‘s

external
website: http://www.worldbank.org/debarr.
ITB 4.7 Deleted
B.Contentsof BiddingDocument
ITB 7.1 Electronic–Procurement System
TheEmployer shalluse the following electronic-procurement system to
Page | 37
Section II – Bid Data Sheets (BDS)
managethis Biddingprocess:www.nwr.eprocurement.com
Requestsfor clarificationshould be received bytheEmployerno later
than:17 days priorto thedeadline forsubmission of bids
ITB 7.4 A Pre-Bid meetingshalltakeplace.
It will be heldat officeofChief Engineer and Additional Secretary (South
Gujarat), Block No. 09, 2nd Floor, New Sachivalay, Gandhinagar, Gujarat
on date………. at 14:00Hours.
A site visit conducted by the Employer shall be organized on
date………. At Kadana dam site.
ITB 8.2 [Modify the second sentence as required based on features of e-
procurement system being used. If no change is required, delete this
BDS entry]
C.Preparation of Bids
ITB11.2 (j) The Bidder shalls ubmit the following additional documentsin its Bid:
(i) Contractor Registration certificate on e-procurement system as per
RFB, if applicable
(ii) GST registration
(iii) Code of Conduct for Contractor’s Personnel (ES)
The Bidder shall submit its Code of Conduct that will apply to
Contractor’s Personnel (as defined in Sub-Clause 1 (ii) of the General
Conditions of Contract), to ensure compliance with the Contractor’s
Environmental and Social (ES) obligations under the Contract. The
Bidder shall use for this purpose the Code of Conduct form provided in
Section IV. No substantial modifications shall be made to this form,
except that the Bidder may introduce additional requirements, including
as necessary to take into account specific Contract issues/risks.
Management Strategies and Implementation Plans (MSIP) to
manage the (ES) risks
The Bidder shall submit Management Strategies and Implementation
Plans (MSIPs) to manage the following key Environmental and Social
(ES) risks:
1. Resource Conservation Plan (RCP)
2. Labour Management Plan (LMP)
3. Occupational Health and safety Management Plan (OHSP)
4. Muck Management Plan (MMP)
5. Plan for GBV/SEAH (Gender based violence/ Sexual exploitation,
abuse and harassment) Risks
6. Any other plans, deemed necessary for compliance of ESMP/ESDD

ITB 11.3 The followingschedulesshall be submittedwith the bid:PricedBill

(b) ofQuantities
ITB 11.3 The Bidder shall submit the following additional documents in its Bid:
(d) Nil
ITB 12 NoteforBidders:Bidders haveto submit the bids on the e-procurement
portalalong with the relevant required documents.Forthis purpose, the
bidders shall fill up online, the forms that areavailablefor onlinefilling
on the e-portal. The rest of the forms shall be downloadingby the
bidders and filled up. Thefilled up pages shall then bescannedand
uploaded on the e- procurement portalalong with the scanned
copiesofthe supporting documents.
ITB 12.3 For submission of original documents, the Employer’s address is:
Attention: ………[insert full name of person, if applicable]

Street Address: …………[insert street address and number]
Floor/ Room number: …….[insert floor and room number, if applicable
City: ………[insert name of city or town]
PIN/Postal Code: ………[insert postal (PIN) code, if applicable]
Country: INDIA
ITB 13.1 Alternative Bids shall not be permitted.
ITB 13.2 Alternative times for completion shall not bepermitted.
ITB 13.3 Not Applicable
ITB 13.4 Alternative technical solutions shall be permitted for the following parts
of the Works:Not Applicable
ITB 14.5 The prices quoted by the Bidder “shall be” subject to adjustment during
the performance of the Contract.
The adjustment of contract price, if provided, will be done in accordance
with GCC Clause 49 and corresponding provisions under PCC and
Appendix 2 to PCC.
ITB 18.1 The Bid validity period shall be 120 days.
ITB 18.3 TheBid priceshall beadjusted bythe followingfactor: Not Applicable.

(a)
ITB19.1 A Bid Security “shall be” required
The Bidder shall furnish a Bid Security in the amount ofRs.4,19,488 /-

ITB 19.3 Other types of acceptable securities are:
(d) Fixed Deposit/Time Deposit certificate issued by a Nationalized or
Scheduled Bank located in India for equivalent or higher values are
Page | 39
acceptable provided it is pledged in favourof Executive Engineer,

Kadana Division No.1, Diwada colony, Gujarat.
and such pledging has been noted and suitably endorsed by the bank
issuing the certificate.
Online cash transfer (if applicable, provide full details)
ITB 19.9 Deleted

ITB 20.3 Thewritten confirmation of authorization to sign on behalf ofthe Bidder
shall consist of:
“(a) Legally valid Power of Attorneyis required to demonstrate the
authority of the signatory to sign the Bid; and
(b) In the case of Bids submitted by an existing or intended
JV, if permitted as per ITB 4.1, the authorization shall be
evidenced by a Power of Attorney signed by legally authorized
signatories of all the members
D.Online Submission and Openingof Bids

ITB 21.1 Class ofDSCrequired is: Class 3
ITB 22.1 Thedeadlinefor uploadingtheBids is:………upto 16:00 Hours
ITB 24.1 Re-submission of thebid isNot allowed, if withdrawn.
E. Public Openingof TechnicalPartsof Bids
ITB25.1 Theonline Bid openingof Technical Parts ofBidsshall takeplaceat:
Officeof Superintending Engineer, Godhara Civil Circle Panam &
Kadana Dam Godhara District Panch Mahal Gujrat
Date: ……………
Time:16:30 Hours
F.Evaluation of Bids–GeneralProvisions
ITB29.3 The adjustment shall be based on the highestprice of the item or
component as quoted in other substantially responsive Bids, subject to a
maximum of the estimated price of the item. If the price of the item or
component cannot be derived from the price of other substantially
responsive Bids, the Employer shall use its best estimate.
G.Evaluationof Bids- TechnicalParts
ITB33.1 At this time the Employer “does not intend”]to execute certain specific

parts of the Works by subcontractors selected in advance.
ITB33.2 NA
ITB33.3 (a) Contractor’s proposed subcontracting: Maximum percentage of
subcontracting permitted is::25%of the total contract amount
(b) Bidders planning to subcontract more than 10% of total volume of work
shall specify, in the Letter of Bid, the activity (ies) or parts of the Works to
be subcontracted along with complete details of the subcontractors and their
qualification and experience. The qualification and experience of the sub-
contractors must meet the minimum criteria for the relevant work to be sub-
contracted failing which such sub-contractors will not be permitted to
participate.
(c) Subcontractors’ qualification and experience will not be considered for
evaluation of the Bidder. The Bidder on its own (without taking into
account the qualification and experience of the sub-contractor) should meet
the qualification criteria.
[Note-Work should not be split into small parts and sub-contracted].
H. Public Openingof FinancialParts
ITB 34.2
(c) Following the completion of the evaluation of the Technical Parts of the
Bids, the Employer will notify all Bidders of the date, time, and location of
the public opening of Financial Parts.
The online bid opening of Financial Parts of Bids shall take place at:
Office of Superintending Engineer, Civil Circle Panam & Kadana Dam
Godhara District Panch Mahal Gujrat
Country: INDIA
Date & Time: To be Informed after evaluation of Technical bids through
www.nwr.nprocure.comportal
In addition to the above the Employer shall publish a notice of the public
opening oft he Financial Partsof the Bid on its
website:www.nwr.nprocure.com
I.Evaluation of Bids- FinancialParts
ITB40.2 Provisions related to Abnormally Low Bids do not apply
J.Award of Contract
ITB 50.1 The successful Bidder shall also be required to submit an Environmental
and
Page | 41
50.2 and Social (ES) Performance Security.
Throughout this bidding document the term ’performance security’,

unless the context clearly indicates otherwise, means and includes both
‘the performance security and the ES performance security’ to be
submitted by the successful bidder in the amounts specified in GCC/ PCC
54.
ITB51 The Adjudicator proposed by the Employer is: _________________[
The daily fee for this proposed Adjudicator shall be::Rs.10.000/-perday

withoverallpaymentnotmorethanRs. 50,000/-an dreimbursable
expenses–boarding /lodging / traveletc. As applicable to the designation
as per Government of Gujarat travelling allowance rules amended upto
date of uploading of tenders.
The biographical data of the proposed Adjudicatoris as follows:
Educational Qualification:……………
Age: ……. Years
Professional Experience:………. Years
Nationality:Indian
Last Position Held:……………………………………

Section III – Evaluation and Qualification Criteria
Section III - Evaluation and Qualification Criteria
This section contains all the criteria that the Employer shall use to evaluate Bids and qualify
Bidders through post-qualification.No other factors, methods or criteria shall be used other
than specified in this bidding document. The Bidder shall provide all the information requested
in the forms included in Section IV, Bidding Forms.
.
Page | 43
1.Technical Part
1.1 Adequacy of Technical Proposal

Evaluation of the Bidder's Technical Proposal will include
(i) an assessment of the Bidder's technical capacity to mobilize key equipment and
personnel for the contract consistent with its proposal regarding work methods,
scheduling, material sourcing, and quality control/ assurance in sufficient detail and
fully in accordance with the requirements stipulated in Section VII, Works’
Requirements.
For thispurpose the Bidder should also submit:
A detailed note outlining its proposed methodology and program of construction

including Contractor’s Environmental and Social, Health Management Strategies and
Implementation Plans (ES-MSIP), backed with equipment, materials and manpower
planning and deployment, duly supported with broad calculations and quality control
system/assurance procedures proposed to be adopted, justifying their capability of
execution and completion of the work as per technical specifications within the
stipulated period of completion as per milestones.
(ii) an assessment of the details of subcontracting elements of works amounting to

more than 10% of the bid price; for each element proposed to be sub-contracted furnish
details whether the identified Sub-contractor possesses the required qualifications and
experiences to execute that element satisfactorily. [Work should not be split into small
parts and sub-contracted].
(iii) Bidders shall submit an undertaking from each proposed subcontractor to confirm
that they have read, understand and will comply with the ES obligations and code of
conduct for Contractor’s Personnel.
1.2 Alternative Technical Solutions for specified parts of Works(ITB13.4) – Not

Applicable
1.3 Specialized Subcontractors -NA
[Note: provide details if the clause is relevant. Insert ‘Not Applicable’ or delete the
clause, if not relevant]
If permitted under ITB33, only the specific experience of Subcontractors for specialized
works permitted by the Employer will be considered. The general experience and
financial resources of the Specialized Subcontractors shall not be added to those of the
Bidder for purposes of qualification of the Bidder.
The specialized sub-contractors proposed shall be fully qualified for their work
proposed, and meet the following criteria:

2.1 Qualification Criteria

Pursuant to ITB 32.1, the Employer shall assess each Bid against the following Qualification
Criteria. Requirements not included in the text below shall not be used in the evaluation of the
Bidder’s qualifications.
Page | 45
Eligibility and Qualification Compliance Requirements D
Criteria at
JointVenture(existingorintended)wherepermit
N Subjec Requireme SingleEn
ted
o t nt tity Allmembers EachMemb Atleaston
. Combined er e R
Member
1. Eligibility
1 Nationalit Nationality in Must meet N/A N/A N/A Fo
. y accordance requireme 1.1
1 with ITB 4.4 nt wit
atta
1 Conflict No conflicts of Must meet N/A N/A N/A Le
. of Interest interest in requireme
2
accordance nt
with ITB 4.2
1 Bank Not having Must meet N/A N/A N/A Le
. Eligibility been declared requireme
3 ineligible by
the Bank, as nt
described in
ITB 4.5.
1 State- Meets Must meet N/A N/A N/A Fo
. owned conditions of requireme 1.1
4
enterprise ITB 4.6 nt wit
or atta
institution
of the
Borrower
country
1 United Not having Must meet N/A N/A N/A Fo
. Nations been excluded requireme 1.1
5 nt wit
resolution as a result of atta
or prohibition in
Borrower’ the Borrower’s
s country country laws or
law official
regulations
against
commercial
relations with
the Bidder’s
country, or by
an act of
compliance

Eligibility and Qualification Compliance Requirements D
Criteria at
JointVenture(existingorintended)wherepermit
N Subjec Requireme SingleEn
ted
o t nt tity Allmembers EachMemb Atleaston
. Combined er e R
Member
with UN
Security
Council
resolution,
both in
accordance
with ITB 4.8
and Section V.
Page | 47
2. Historical ContractNon-Performance
2 History of Non- Must meet N/A N/A N/A F
. Non- performance of requiremen
1
1 Performin a contract did t2&3
g not occur as a
Contracts result of
contractor
default since 1st
June 2013
2 Suspension Not under Must meet N/A N/A N/A L
. Based on suspension requiremen
2 Execution based on t
of Bid/ execution of a
Proposal Bid/ Proposal
Securing Securing
Declaratio Declaration
n by the pursuant to ITB
Employer 4.7 or
or withdrawal of
withdrawal the Bid pursuant
of the Bid ITB 19.9
within Bid
validity
period
2 Pending Bidder’s Must meet N/A N/A N/A F
. Litigation financial requiremen 2
3 position and t
prospective
long-term
profitability
sound according
to criteria
established in
3.1 below and
assuming that
all pending
litigation will be
resolved against
the Bidder
1
Non-performance, as decided by the Employer, shall include all contracts where (a) non-performance was
not challenged by the contractor, including through referral to the dispute resolution mechanism under the
respective contract, and (b) contracts that were so challenged but fully settled against the contractor. Non-
performance shall not include contracts where Employers decision was overruled by the dispute resolution
mechanism. Non-performance must be based on all information on fully settled disputes or litigation, i.e.
dispute or litigation that has been resolved in accordance with the dispute resolution mechanism under the
respective contract and where all appeal instances available to the Bidder have been exhausted.

2 Litigation No consistent Must meet N/A N/A N/A F
. History history of requiremen 2
4
court/arbitral t
award decisions
against the
Bidder2 since
1stApril 2013
2 Declaratio Declare any N/A N/A N/A
. n: civil Must make
5
Environm work contracts the
ental and that have declaration
Social beensuspended
(ES)past or Where
performa terminated there are
nce and/or Specialized
performance Sub- F
security called contractor/
by an employer s, the
for reasons of Specialized
breach of Sub-
environmental, contractor
or social /s must
(including also make
Sexual the
Exploitation, declaratio
and Assault) n.
contractual
obligations in
the past Seven
years3.
3. Financial SituationandPerformance
3 Financial ((i) The Bidder Mustmeet N/A N/A N/A
. Capabiliti shall requireme
1 nt
es demonstrate
that it has
access to, or
2
The Bidder shall provide accurate information on the Letter of Bid about any litigation or arbitration
resulting from contracts completed or ongoing under its execution over the last five years. A consistent
history of court/arbitral awards against the Bidder or any member of a joint venture may result in
disqualifying the Bidder.
3
The Employermayusethis informationtoseekfurtherinformation orclarifications incarryingoutits
duediligence..
Page | 49
has available,
liquid assets,
unencumbered
real assets,
lines of credit4,
and other
financial
means
(independent
of any
contractual
advance
payment)
sufficient to
meet the
construction
cash flow
requirements
estimated as
Rs.0.7
CroresCrores
for the subject
contract (s) net
of the Bidder’s
other
commitments
(ii) The Mustmeet N/A N/A N/A
Bidders shall requireme
also nt
demonstrate, to
the satisfaction
of the
Employer, that
it has adequate
sources of
finance to meet
the cash flow
requirements
on works
currently in
progress and
for future
contract
commitments.
4
In case the bidder submits a letter of intent from a commercial bank with the bid, firm commitment from the
bank to provide line of credit shall be required before contract signing.

(iii) The Must meet N/A N/A N/A
audited requireme
balance sheets nt
or, if not
required by the
laws of the
Bidder’s
country, other
financial
statements
acceptable to
the Employer,
for the last
seven years
shall be
submitted and
must
demonstrate
the current
soundness of
the Bidder’s
financial
position and
indicate its
prospective
long-term
profitability
Note: The construction cash flow requirement should be for a number of months determined as the total time needed to
contractor invoice by the employer. The cash flow should not normally exceed 3 months peak contract requirements an
availability should be certified by Bank (Nationalized or Scheduled Bank In India) in form Fin 3.3
3 Average Minimum Must meet N/A N/A N/A
. Annual average annual requireme
2 Construct
ion construction nt
Turnover turnover of.
I N R 5 . 6 Cr
(Five point
six
Crores)calcula
ted as total
certified
payments
received for
contracts in
progress and/or
completed
within the last
seven financial
Page | 51
years, divided
by Seven
years.
Note: The amount stated should normally not be less than twice the estimated annual turnover or cash flow in the
Works contract (based on a straight-line projection of the Employer's estimated cost, over the contract duration).
4. Experience
4 General Experience Must meet N/A N/A N/A
. Construct under requireme
1
ion construction nt
(
Experienc contracts i.e.
a
e Construction
) stroke /
Rehabilitation
of civil works,
and protection
work, road
work under
NH/R&B
department in
the role of
prime
contractor, JV
member,
subcontractor,
for at least last
Seven years
starting 1st
April 2013.
4 Specific minimum Must meet N/A N/A N/A
. Construct requireme
2 number of
ion& nt
( Contract similar
a Managem contracts5of
) ent Experience
Experienc under
e construction
contracts i.e.
Construction
stroke /
Rehabilitation
of civil works,
5
Bidder should have completed at least one contract for similar work of value not less than 80% of the
estimated contract value of the work for which bids are invited, during the last seven years. Cost of
completed works of previous years shall be given weightage @5% per year based on rupees value to bring
them to the price level of the financial year in which bids are received.

and protection
work, road
work under
NH/R&B
department in
the role of
prime
contractor, JV
member,
subcontractor,
that have been
satisfactorily
and
substantially6
completed7 as a
prime
contractor, joint
venture
member8, or
sub-
contractor9betw
een 1st June,
2013 and bid
submission
deadline:
a) One (1)
contract of
similar work,
of minimum
valueINR
3.36 Crores
each– or
b) Two (2)
contracts of
similar work,
6
Substantial completion shall be based on 80% or more works completed under the contract.
7
Cost of completed works of previous years shall be given weightage @5% per year based on rupees value
to bring them to the price level of the financial year in which bids are received.
8 For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the
Bidder’s share, by value, shall be considered to meet this requirement
9
For contracts under which the Bidder participated as a joint venture member or sub-contractor, only the
Bidder’s share, by value, shall be considered to meet this requirement
Page | 53
of minimum
value INR
2.52 Cr each
or
c) Three (3)
contracts of
similar work,
of minimum
value INR
1.68 Cr
-
Construction
method,
technology
and/or other
characteristic
s including
part of the
requirements
that may be
met by
specialized
subcontractor
s, if permitted
in
accordance
with ITB
33.3]
o Definition of
Similar work:
work
involving
Experience
under
construction
contracts i.e.
Construction
strokes /
Rehabilitatio
n of civil
works, and
protection
work, road
work under
NH/R&B
department
in the role of
prime
contractor, JV
member,
subcontracto
r, depart
project
works.
4 For the above Mustmeet N/A N/A N/A
. and any other requireme
2 contracts nts
( [substantially
b [Specify
) completed and activitiest
under hat
implementatio maybemet
n]as prime through a
contractor, specialize
jointventure d
member, or
subcontractor subcontra
between 1st ctor,
April 2013and ifpermitte
Application d in
submission accordanc
deadline a e with
minimum ITB
construction 33.2]
experience10 in
the following
key activities
successfully
completed11:
in past seven
years:`
o Road work
project under
NH/R&B
depart – 28.5
km.
4 Bid Capacity
.
2 Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity for const
( is equal to or more than the total bid value of the work. The available bid capacity will be calculated as under:
c Assessed Available bid capacity = (A*N*1.15-B)
)
10
The minimum experience requirement for multiple contracts will be the sum of the minimum
requirements for respective individual contracts, unless specified otherwise.
11
Volume, number or rate of production of any key activity can be demonstrated in one or more contracts
combined if executed during same time period.
Page | 55
Where,A = Maximum value of civil engineering works executed in any one year during the last seven years (updat
price level of the financial year ….. at the rate of 5% per year), taking into account the completed as well as works
N = Number of years prescribed for completion of the works for which bids are invited (period upto 6 months to be
half-year and more than 6 months as one year).
B = Value, at the current price level, of existing commitments on on-going works to be completed during the perio
completion of the works for which bids are invited.
Note: the statements in Section IV showing the value of existing commitments of on-going works as well as the s
period of completion remaining for each of the works listed should be countersigned by the Project Manager, not
rank of an Executive Engineer or equivalent.

3. KeyPersonnel
The Bidder must demonstrate that it will have suitably qualified (and in
adequate numbers) minimum Key Personnel, as described in the Table below,
that are required to perform the Contract.
The Bidder shall provide details of the Key Personnel and such other Key
Personnel that the Bidder considers appropriate, together with their academic
qualifications and work experience. The Bidder shall complete the relevant
Forms in Section IV, Bidding Forms.
The Contractor shall require the Employer’s consent to substitute or replace the
Key Personnel (reference the Particular Conditions of Contract 9.1).
KeyPersonnel
It
e Relevant
Position/specialization
m academic Minimumyears ofrelevant wo
N qualificcation experience
o
.
1 Contractor’s Representative / BE(Civil) 10-year Exp. (5 years o
ProjectManager-1(One) construction)
2 SiteEngineer-2(Two) BE(Civil) 10-year Exp.
(5 years on road constru
3 Instalation Engineer(One) BE/Diploma(Mec 5-year Exp.
hanical)
4 Material & Quality Control BE/Diploma(Civi 2-year Exp.
Engineer (One) l)
Suitable experts in the following specializations

[Environmental Specialist] Degree in relevant 5 [years] in similar work en
5 environmental
field
6 [Health and Safety Degree in relevant 5 [years] in similar work en
Specialist] field
7 [Social Specialist] Degree in relevant 5 [years] in similar work en
field
Sexual Exploitation, Abuse Degree in relevant 5 [years] in similar work en
8 field
and Harassment Expert
Page | 57
[Where a Project SEA risks

are assessed to be substantial
or high, Key Personnel shall
include an expert(s) with
relevant experience in
addressing sexual
exploitation, sexual abuse
and sexual harassment cases]
Note.: -Availability for this work of Project Manager having Degree in Civil
Engineering with at least ten years experience including at least five
years on road construction works and a Material & Quality
control Engineer having degree in Civil Engineering with at least
two years road construction experience.
The Bidder must not have in his employment:
[i] the near relations (defined as first blood relations, and their spouses, of the
bidder or the bidder’s spouse) of persons of the following Government
Departments.
1. Water Resources Department State

2. Water Resources Planning Department
[ii] Without Government permission, any person who retired as gazetted
officer within the last two years
N EquipmentTypeandCharacteristic MinimumNum
o s berrequired
.
1 Tipper Trucks 2
2 Camper 1
3 Back Hoe Loader 1
4 Dozer 1
5 Water Tanker 1
6 Power Tools 6

4. Equipment
TheBidder must demonstrate that it will have access to the keyContractor

‘sequipment listedbelow:
[Specifyrequirements for each lotas applicable]
TheBidder shallprovidefurtherdetails of proposed items of equipment usingthe

relevant
Form in SectionIV.
Note:"Form for Equipment" must be prepared for each equipment. Affidavit in place
of Agreement regarding availability of equipment i.e. rented/ leased/ specially
manufactured is acceptable.
2. Financial Part
2.1 Margin of Preference - Not Applicable
2.2 Multiple Contracts: Not Applicable
2.3 Sustainable procurement (Section VII - Specifications) – Not Applicable
2.4 Alternative Completion Times (ITB 13.2) - Not Applicable
2.5 Alternative Technical Solutions for specified parts of the Works (ITB 13.4)-
Not Applicable
2.6 Other criteria (if permitted under ITB 35.1(f)): Not Applicable
Section IV - Bidding Forms
Page | 59

Letter of Bid – Technical Part
INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE DOCUMENT
The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.
Note: All italicized text is to help Bidders in preparing this form.
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
RFB No.: [insert number of RFB process]
Alternative No12.:[insert identification No. if this is a Bid for an alternative]
To: [insert complete name of Employer]
We, the undersigned, hereby submit our Bid, in two parts, namely:
(a) the Technical Part, and

(b) the Financial Part
In submitting our Bid, we make the following declarations:
(a) No reservations: We have examined and have no reservations to the bidding

document, including Addenda issued in accordance with ITB 8;
(b) Eligibility: We meet the eligibility requirements and have no conflict of interest
in accordance with ITB 4;
(c) Bid-Securing Declaration: We havenot been suspended nor declared ineligible
by the Employer based on execution of a Bid-Securing Declaration or Proposal-
Securing Declaration in the Employer’s Country in accordance with ITB 4.7
12
Delete if not applicable
Page | 61
(d) Conformity: We offer to execute in conformity with the bidding document the
following Works: [insert a brief description of the
Works]__________________________________
(e) Bid Validity Period: Our Bid shall be valid for a period specified in BDS ITB
18.1 (or as amended if applicable) from the date fixed for the Bid submission
deadline specified in BDS 22.1 (or as amended if applicable), and it shall remain
binding upon us and may be accepted at any time before the expiration of that
period;
(f) Performance Security: If our Bid is accepted, we commit to obtain a
performance security [and an Environmental and Social (ES) Performance
Security, Delete if not applicable] in accordance with the bidding document;
(g) One Bid Per Bidder: We are not submitting any other Bid(s) as an individual
Bidder or as a subcontractor, and weare not participating in any other Bid(s) as a
Joint Venture member, and meet the requirements of ITB 4.3, other than
alternative Bids submitted in accordance with ITB 13;
(h) Suspension and Debarment: We, along with any of our subcontractors,
suppliers, consultants, manufacturers, or service providers for any part of the
contract, are not subject to, and not controlled by any entity or individual that is
subject to, a temporary suspension or a debarment imposed by the World Bank
Group or a debarment imposed by the World Bank Group in accordance with the
Agreement for Mutual Enforcement of Debarment Decisions between the World
Bank and other development banks. Further, we are not ineligible under the
Employer’s Country laws or official regulations or pursuant to a decision of the
United Nations Security Council;
(i) State-owned enterprise or institution: We are not a state-owned enterprise or
institution/ We are a state-owned enterprise or institution but meet the
requirements of ITB 4.613;
(j) Binding Contract: We understand that this Bid, together with your written
acceptance thereof included in your Letter of Acceptance, shall constitute a
binding contract between us, until a formal contract is prepared and executed;
(k) Not Bound to Accept: We understand that you are not bound to accept the lowest
evaluated cost Bid, the Most Advantageous Bid or any other Bid that you may
receive; and
(l) Fraud and Corruption: We hereby certify that we have taken steps to ensure
that no person acting for us or on our behalf engages in any type of Fraud and
Corruption; and
(m) Adjudicator: We accept the appointment of [insert name proposed in Bid Data
Sheet] as the Adjudicator.
13
Use one of the two options as appropriate

[or]
We do not accept the appointment of [insert name proposed in Bid Data Sheet] as
the Adjudicator, and propose instead that [insert name] be appointed14 as
Adjudicator, whose daily fees and biographical data are attached.
Name of the Bidder: *[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the
Bidder:**[insert complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the
Bid]
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by joint venture specify the name of the Joint
Venture as Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid
14
In case appointment of Adjudicator was proposed from the list provided by an Institution in ITB 51, the
replacement should also be proposed from the list of same institution.
Page | 63
Technical Proposal
Technical Proposal Forms
- Key Personnel Schedule
- Equipment
- Site Organization
- Method Statement
- Mobilization Schedule
- Construction Schedule
- ES Management Strategies and Implementation Plans
- Code of Conduct for Contractor’s Personnel (ES)
- Sub-contracting elements or works which in aggregate adds to more

than 10% of Bid price (for each the qualifications and experiences on
the identified subcontractor in the relevant field should be given)
Note: Work should not be split into small parts and sub-contracted; but sub-
contracting specialized elements of works is acceptable.
- Others
- Bidder’s Qualification
- Form of Bid Security - Bank Guarantee
- Form of Bid-Securing Declaration

Appendix to Technical Part: Personnel
Forms for Personnel
Form PER – 1: Key Personnel Schedule
Bidders should provide the names and details of the suitably qualified Key Personnel to
perform the Contract. The data on their experience should be supplied using the Form
PER-2 below for each candidate.
Key Personnel
1. Title of position:
Name of candidate:
Duration of [insert the whole period (start and end dates) for which this
appointment position will be engaged]
:
Time [insert the number of days/week/months/ that has been

commitment: scheduled for this position]
for this
position:
Expected [insert the expected time schedule for this position (e.g.
time attach high level Gantt chart]
schedule for
this position:
2. Title of position: [Environmental Specialist]
Name of candidate:
:
Page | 65

for this
position:
schedule for
this position:
3. Title of position: [Health and Safety Specialist]
Name of candidate:
:

for this
position:
schedule for
this position:
4. Title of position: [Social Specialist]
Name of candidate:
:

for this
position:

schedule for
this position:
5. Title of position: Sexual Exploitation, Abuse and Harassment Expert

[Where a Project SEA risks are assessed to be substantial or high, Key Personnel
shall include an expert with relevant experience in addressing sexual exploitation,
sexual abuse and sexual harassment cases]
Name of candidate:
:

for this
position:
schedule for
this position:
6. Title of position:
Name of candidate
:

for this
position:
Page | 67
schedule for
this position:
Appendix to Technical Part
Form PER-2:
Resume and Declaration
Key Personnel
Name of Bidder
Position [#1]: [title of position from Form PER-1]
Personnel Name: Date of birth:

information
Address: E-mail:
Professional qualifications:
Academic qualifications:
Language proficiency:[language and levels of speaking, reading and

writing skills]
details
Address of employer:

Telephone: Contact (manager / personnel
officer):
Fax:
Job title: Years with present employer:
Summarize professional experience in reverse chronological order. Indicate particular

technical and managerial experience relevant to the project.
Duration
of
Proje involvem
Role Relevant experience
ct ent
[From -
To]
[main
proje [role and
[time in [describe the experience relevant to
ct responsibilities on
role] this position]
detail the project]
s]
Declaration
I, the undersigned Key Personnel, certify that to the best of my knowledge and belief,
the information contained in this Form PER-2 correctly describes myself, my
qualifications and my experience.
I confirm that I am available as certified in the following table and throughout the
expected time schedule for this position as provided in the Bid:
Commitment Details
Page | 69
Commitment to duration of [insert period (start and end dates) for which
contract: this Key Personnel is available to work on this
contract]
Time commitment: [insert the number of days/week/months/ that
this Key Personnel will be engaged]
I understand that any misrepresentation or omission in this Form may:

(a) be taken into consideration during Bid evaluation;
(b) result in my disqualification from participating in the Bid;
(c) result in my dismissal from the contract.
Name of Key Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Bidder:
Signature: ________________________________________________________
Date: (day month year): __________________________________

Appendix to Technical Part: Equipment
Forms for Equipment
The Bidder shall provide adequate information to demonstrate clearly that it has the
capability to meet the requirements for the key equipment listed in Section III
(Evaluation and Qualification Criteria). A separate Form shall be prepared for each item
of equipment listed, or for alternative equipment proposed by the Bidder. The Bidder
shall provide all the information requested below, to the extent possible. Fields with
asterisk (*) shall be used for evaluation.
Type of Equipment*
Equipm Name of manufacturer, Model and power rating

ent
Informa
tion
Capacity* Year of manufacture*
Current Current location

Status
Details of current commitments
Source Indicate source of the equipment
 Owned  Rented  Leased  Specially manufactured
Page | 71
The following information shall be provided only for equipment not owned by the
Bidder.
Owner Name of owner
Address of owner
Telephone Contact name and title
Fax Telex
Agreem Details of rental / lease / manufacture agreements specific to the project

ents

Site Organization
[insert Site Organization information]
Page | 73

Method Statement
[insert method Statement – A detailed note should be submitted outlining bidders
proposed methodology and program of construction including Contractor’s
Environmental and Social, Health Management Strategies and Implementation Plans
(ES-MSIP), backed with equipment, materials and manpower planning and
deployment, duly supported with broad calculations and quality control
system/assurance procedures proposed to be adopted, justifying their capability of
execution and completion of the work as per technical specifications within the
stipulated period of completion as per milestones]

Mobilization Schedule
[insert Mobilization Schedule]
In accordance with the Particular Conditions, Sub-Clause 16.2, the Contractor shall
not carry out mobilization to Site unless the Project manager gives consent that
appropriate measures are in place to address environmental and social risks and
impacts, which as a minimum shall include applying the Management Strategies and
Implementation Plans (MSIPs) and Code of Conduct for Contractor’s Personnel,
submitted as part of the Bid and agreed as part of the Contract.
Page | 75

Construction Schedule
[insert Construction Schedule]
The construction schedule shall include the following key milestone - No-objection to
the Code of Conduct for Contractor’s Personnel and Contractor’s MSIPs, which
collectively form the C-ESMP, in accordance with the Particular Conditions of
Contract Sub-Clause 16.2.

Environmental and Social, Health Management Strategies and Implementation
Plans
(ES-MSIP)
The Bidder shall submit comprehensive and concise Environmental and

Social Management Strategies and Implementation Plans (ES-MSIP) as
required by ITB 11.2 (j) of the Bid Data Sheet. These strategies and plans
shall describe in detail the actions, materials, equipment, management
processes etc. that will be implemented by the Contractor, and its
subcontractors.
In developing these strategies and plans, the Bidder shall have regard to the
ES provisions of the contract including those as may be more fully described
in the Works Requirements in Section VII.
Page | 77

Code of Conduct for Contractor’s Personnel(ES) Form
Note to the Employer:

The following minimum requirements shall not be modified. The Employer may add additional
requirements to address identified issues, informed by relevant environmental and social assessment.
The types of issues identified could include risks associated with: labour influx, spread of
communicable diseases, and Sexual Exploitation andAbuse(SEA), Sexual Harassment (SH) etc.
Delete this Box prior to issuance of the bidding document.
Note to the Bidder:

The minimum content of the Code of Conduct form as set out by the Employer shall not be
substantially modified. However, the Bidder may add requirements as appropriate, including to
take into account Contract-specific issues/risks.
The Bidder shall initial and submit the Code of Conduct form as part of its bid.
CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL
We are the Contractor, [enter name of Contractor]. We have signed a contract with
[enter name of Employer] for [enter description of the Works]. These Works will be
carried out at [enter the Site and other locations where the Works will be carried out].
Our contract requires us to implement measures to address environmental and social
risks related to the Works, including the risks of sexual exploitation, sexual abuse and
sexual harassment.
This Code of Conduct is part of our measures to deal with environmental and social
risks related to the Works. It applies to all our staff, laborers and other employees at
the Works Site or other places where the Works are being carried out. It also applies
to the personnel of each subcontractor and any other personnel assisting us in the
execution of the Works. All such persons are referred to as “Contractor’s
Personnel” and are subject to this Code of Conduct.
This Code of Conduct identifies the behavior that we require from all Contractor’s
Personnel.
Our workplace is an environment where unsafe, offensive, abusive or violent behavior

will not be tolerated and where all persons should feel comfortable raising issues or
concerns without fear of retaliation.

REQUIRED CONDUCT
Contractor’s Personnel shall:
1.carry out his/her duties competently and diligently;
2.comply with this Code of Conduct and all applicable laws, regulations and other
requirements, including requirements to protect the health, safety and well-
being of other Contractor’s Personnel and any other person;
3.maintain a safe working environment including by:
a. ensuring that workplaces, machinery, equipment and processes under
each person’s control are safe and without risk to health;
b. wearing required personal protective equipment;
c. using appropriate measures relating to chemical, physical and
biological substances and agents; and
d. following applicable emergency operating procedures.
4.report work situations that he/she believes are not safe or healthy and remove
himself/herself from a work situation which he/she reasonably believes
presents an imminent and serious danger to his/her life or health;
5.treat other people with respect, and not discriminate against specific groups such
as women, people with disabilities, migrant workers or children;
6.not engagein Sexual Harassment, which means unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature with other Contractor’s or Employer’s Personnel;
7.not engage in Sexual Exploitation, which means any actual or attempted abuse of
position of vulnerability, differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily, socially or politically from
the sexual exploitation of another;
8.not engage in Sexual Abuse, which means the actual or threatened physical
intrusion of a sexual nature, whether by force or under unequal or coercive
conditions;
9.not engage in any form of sexual activity with individuals under the age of 18,
except in case of pre-existing marriage;
10. complete relevant training courses that will be provided related to the
environmental and social aspects of the Contract, including on health and
safety matters, and Sexual Exploitation, and Abuse (SEA) and Sexual
Harassment (SH);
11. report violations of this Code of Conduct; and
12. not retaliate against any person who reports violations of this Code of Conduct,
whether to us or the Employer, or who makes use of the grievance mechanism
for Contractor’s Personnel or the project’s Grievance Redress Mechanism.
Page | 79
RAISING CONCERNS
If any person observes behavior that he/she believes may represent a violation of this
Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue
promptly. This can be done in either of the following ways:
1. Contact [enter name of the Contractor’s Social Expert with relevant experience in
handling gender-based violence, or if such person is not required under the
Contract, another individual designated by the Contractor to handle these
matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ];
or
2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.
The person’s identity will be kept confidential, unless reporting of allegations is

mandated by the country law. Anonymous complaints or allegations may also be
submitted and will be given all due and appropriate consideration. We take seriously
all reports of possible misconduct and will investigate and take appropriate action. We
will provide warm referrals to service providers that may help support the person who
experienced the alleged incident, as appropriate.
There will be no retaliation against any person who raises a concern in good faith
about any behavior prohibited by this Code of Conduct. Such retaliation would be a
violation of this Code of Conduct.
CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT
Any violation of this Code of Conduct by Contractor’s Personnel may result in serious
consequences, up to and including termination and possible referral to legal
authorities.
FOR CONTRACTOR’S PERSONNEL:
I have received a copy of this Code of Conduct written in a language that I

comprehend. I understand that if I have any questions about this Code of Conduct, I
can contact [enter name of Contractor’s contact person with relevant experience]
requesting an explanation.
Name of Contractor’s Personnel: [insert name]
Signature: __________________________________________________________
Date: (day month year): _______________________________________________
Countersignature of authorized representative of the Contractor:

Signature: ________________________________________________________

Date: (day month year): ______________________________________________
ATTACHMENT 1: Behaviors constituting Sexual Exploitation and Abuse (SEA)

and behaviors constituting Sexual Harassment (SH)
Page | 81
ATTACHMENT 1 TO THE CODE OF CONDUCT FORM

BEHAVIORS CONSTITUTING SEXUAL EXPLOITATION AND ABUSE
(SEA) AND BEHAVIORS CONSTITUTING SEXUAL HARASSMENT (SH)
The following non-exhaustive list is intended to illustrate types of prohibited
behaviors:
(1) Examples of sexual exploitation and abuse include, but are not limited to:
• A Contractor’s Personnel tells a member of the community that he/she can get
them jobs related to the work site (e.g. cooking and cleaning) in exchange for
sex.
• A Contractor’s Personnel that is connecting electricity input to households says
that he can connect women headed households to the grid in exchange for sex.
• A Contractor’s Personnel rapes, or otherwise sexually assaults a member of the
community.
• A Contractor’s Personnel denies a person access to the Site unless he/she
performs a sexual favor.
• A Contractor’s Personnel tells a person applying for employment under the
Contract that he/she will only hire him/her if he/she has sex with him/her.
(2) Examples of sexual harassmentin a work context
• Contractor’s Personnel comment on the appearance of another Contractor’s
Personnel (either positive or negative) and sexual desirability.
• When a Contractor’s Personnel complains about comments made by another
Contractor’s Personnel on his/her appearance, the other Contractor’s Personnel
comment that he/she is “asking for it” because of how he/she dresses.
• Unwelcome touching of a Contractor’s or Employer’s Personnel by another
Contractor’s Personnel.
• A Contractor’s Personnel tells another Contractor’s Personnel that he/she will
get him/her a salary raise, or promotion if he/she sends him/her naked
photographs of himself/herself.
Others

Sub-Contracting
SCHEDULE OF SUBCONTRACTORS
Item Element % of Name and Qualification and

of work bid address of experience of sub-
price subcontractor on
contractor similar works of the
elements executed
The Bidder shall enter in this schedule a list of the major sections and appropriate
value of the work for which he proposed to use subcontractors [for those costing
more than 10% of the bid price for each element], together with the names,
addresses and experiences of the proposed subcontractors.
The capability of the sub-contractor will also be assessed (on the same lines as for
the main Contractor) before according approval to him.
(Work should not be split into small parts and sub-contracted; but sub-contracting
specialized elements of works is acceptable).
Page | 83

Others

Bidder’s Qualification
To establish its qualifications to perform the contract in accordance with Section III
(Evaluation and Qualification Criteria) the Bidder shall provide the information
requested in the corresponding Information Sheets included hereunder
Page | 85

Form ELI -1.1: Bidder Information Form
Date: _________________
RFB No. and title: _________________
Page__________of _______________pages
Bidder's legal name
In case of Joint Venture (JV), legal name of each member:
Bidder's actual or intended country of registration:

[indicate country of Constitution]
Bidder's actual or intended year of incorporation:
Bidder's legal address [in country of registration]:
Bidder's authorized representative information

Name: _____________________________________
Address: ___________________________________
Telephone/Fax numbers: _______________________
E-mail address: ______________________________
1. Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association), and/or
documents of registration of the legal entity named above, in accordance with ITB 4.4.
 Authorization to represent the firm or JV named in above, in accordance with ITB 20.
 In case of JV, letter of intent to form JV or JV agreement, in accordance with ITB 4.1.
 In case of state-owned enterprise or institution, in accordance with ITB 4.6 documents
establishing:
• Legal and financial autonomy
• Operation under commercial law

• Establishing that the Bidder is not under the supervision of the Employer
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
Page | 87

Form ELI -1.2: Information Form for JV Bidders
(Where permitted as per BDS ITB 4.1)
(to be completed for each member of Joint Venture)
JV NOT ALLOWED
Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages
JV Information
Bidder’s Joint Venture legal name:
JV member’s legal name:
JV member’s country of registration:
JV member’s year of constitution:
JV member’s legal address in country of constitution:
JV member’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
1. Attached are copies of original documents of

 Articles of Incorporation (or equivalent documents of constitution or association),
and/or registration documents of the legal entity named above, in accordance with ITB
4.4.

 Authorization to represent the firm or JV named in above, in accordance with ITB
20.
 In case of a state-owned enterprise or institution, documents establishing legal and
financial autonomy, operation in accordance with commercial law, and is not under
the supervision of the Employer, in accordance with ITB 4.6.
2. Included are the organizational chart, a list of Board of Directors, and the beneficial
ownership.
Page | 89

Form ELI -1.2 A
Specialized Subcontractor’s Information Form
(to be completed for each Specialized Subcontractor)
Date: _______________
RFB No. and title: __________________
Page _______________ of ____________ pages
Bidder’s legal name:
Specialized Subcontractor’s legal name:
Specialized Subcontractor’s country of registration:
Specialized Subcontractor’s year of constitution:
Specialized Subcontractor’s legal address in country of constitution:
Specialized Subcontractor’s authorized representative information

Name: ____________________________________
Address: __________________________________
Telephone/Fax numbers: _____________________
E-mail address: _____________________________
Attached are copies of original documents of
 Articles of Incorporation (or equivalent documents of constitution or association), and/or
registration documents of the legal entity named above, in accordance with ITB 4.4.
 Authorization to represent the Specialized Subcontractor.

DETAILS OF PARTICIPATION IN THE JOINT VENTURE NA

PARTICIPATION FIRM ‘A’ FIRM ‘B’ FIRM ‘C’

DETAILS
(Lead
Member)
Financial
Name of the Banker(s)
Planning
Construction
Equipment
Page | 91
Key Personnel
Execution of Work
(Give details on
proposed contribution
of each)
The Joint Venture should indicate the details of participation as above. NA

Form CON – 2: Historical Contract Non-Performance, Pending Litigation and
Litigation History
[to be completed for the Bidder and for each member of a Joint Venture]
Bidder’s Name: ________________

Date: ______________________
Joint Venture Member’s Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages
Non-Performed Contracts in accordance with Section III, Evaluation and Qualification Criteria
 Contract non-performance did not occur since 1st January [insert year]specified in Section
III, Evaluation and Qualification Criteria, Sub-Factor 2.1.
 Contract(s) not performed since 1st January [insert year] specified in Section III, Evaluation
and Qualification Criteria, requirement 2.1
Year Non- Contract Identification Total
performe Contract
d portion Amount (Rs.)
of
contract
[inser [insert Contract Identification: [indicate complete [insert
t year] amount and contract name/ number, and any other amount]
percentage] identification]
Name of Employer: [insert full name]
Address of Employer: [insert street/city/country]
Reason(s) for non-performance: [indicate main
reason(s)]
Pending Litigation, in accordance with Section III, Evaluation and Qualification Criteria
 No pending litigation in accordance with Section III, Evaluation and Qualification Criteria,
Sub-Factor 2.3.
 Pending litigation in accordance with Section III, Evaluation and Qualification Criteria, Sub-
Factor 2.3 as indicated below.
Page | 93
Year of Amount in Contract Identification Total

dispute dispute (Rs.) Contract
Amount
(Rs.)
[insert [insert Contract Identification: [indicate [insert
year] amount] complete contract name, amount]
number, and any other
identification]
Name of Employer: [insert full

name]
Address of Employer: [insert

street/city/country]
Matter in dispute: [indicate

main issues in dispute]
Party who initiated the dispute:

[indicate “Employer” or
“Contractor”]
Status of dispute: [Indicate if it
is being treated by the
Adjudicator, under Arbitration
or being dealt with by the
Judiciary]

year] amount] complete contract name, amount]
number, and any other
identification]

name]

Matter in dispute: [indicate

main issues in dispute]

“Contractor”]
Status of dispute: [Indicate if it

is being treated by the
Adjudicator, under Arbitration
or being dealt with by the
Judiciary]
Litigation History in accordance with Section III, Evaluation and Qualification Criteria
 No Litigation History in accordance with Section III, Evaluation and

Qualification Criteria, Sub-Factor 2.4.
 Litigation Historyin accordance with Section III, Evaluation and Qualification

Criteria, Sub-Factor 2.4 as indicated below.
Year Outcome as Contract Identification Total

of percentage of Contract
award Net Worth Amount
(Rs.)
Page | 95

year] percentage] complete contract name, number, amount]
and any other identification]

name]

Matter in dispute: [indicate main

issues in dispute]

“Contractor”]
Reason(s) for Litigation and award

decision [indicate main reason(s)]

Form CON – 3: Environmental and Social (ES) Performance Declaration
[The following table shall be filled in for the Bidder, each member of a Joint Venture and
each Specialized Subcontractor]
Bidder’s Name: ___________[insert full name]

Date: ______________[insert day, month, year]
Joint Venture Member’s or Specialized Subcontractor’s Name: ________[insertfull name]
RFB No. and title: _________________[insert RFB number and title]
Page ________[insert page number] of ________[insert page number] pages
Environmental and Social Performance Declaration
in accordance with Section III, Qualification Criteria, and Requirements

 No suspension or termination of contract: An employer has not suspended or terminated a
contract and/or called the performance security for a contract for reasons related to
Environmental or Social (ES) performance since the date specified in Section III,
Qualification Criteria, and Requirements, Sub-Factor 2.5.
 Declaration of suspension or termination of contract: The following contract(s) has/have
been suspended or terminated and/or Performance Security called by an employer(s) for
reasons related to Environmental or Social (ES) performance since the date specified in
Section III, Qualification Criteria, and Requirements, Sub-Factor 2.5. Details are described
below:
Year Suspende Contract Identification Total

d or Contract
terminate Amount (Rs.)
d portion
of
contract

Reason(s) for suspension or termination: [indicate
main reason(s) e.g. for gender-based violence;
Page | 97
sexual exploitation or sexual abuse breaches]

Reason(s) for suspension or termination: [indicate
main reason(s)]
… … [list all applicable contracts] …
Performance Security called by an employer(s) for reasons related to ES performance
Year Contract Identification Total Contract

Amount (Rs.)
[inser Contract Identification: [indicate complete contract name/ number, [insert

t year] and any other identification] amount]
Reason(s) for calling of performance security: [indicate main
reason(s) e.g. for gender-based violence; sexual exploitation or
sexual abuse breaches]

Form CCC: Current Contract Commitments / Works in Progress
Bidders and each member of a JV should provide information on their current commitments on all contracts that have been
awarded, or for which a letter of intent or acceptance has been received, or for contracts approaching completion, but for which an
unqualified, full completion certificate has yet to be issued.
(A) Existing commitments and on-going works:
Descripti Plac Contra Name Value of Stipulate Value of Average

on of e& ct No. and Contract d period works1 Anticipat Monthly
Work Stat & Date Address (Rs. of remainin ed date of Invoicing
e of equivale completi g to be completio Over Last
Employ nt in on complet n Six
er million) ed (Rs. Months
equivale (Rs./mont
nt in h)
million) Equivalen
1
Attach certificate(s) from the Engineer(s)-in-Charge.

t in
millions)
(1) (2) (3) (4) (5) (6) (7) (8) (9)
(B) Works for which bids already submitted and likely to be awarded – expected additional commitment.
___
Description Place & Name and Estimated Stipulated Date when Remarks, if
of Work State Address of value of period of decision is any
Employer Works (Rs. completion expected
equivalent in
million)
(1) (2) (3) (4) (5) (6) (7)

Page | 101
Section IV – Bidding Forms

Form FIN – 3.1: Financial Situation and Performance
[To be completed by the Bidder and by each member of a Joint Venture]
Bidder’s Legal Name: ________________

Date: ______________________
Joint Venture Member’s Legal Name_________________________
RFB No. and title: ___________________________
Page _______________of ______________pages
1. Financial data
Type of Financial Historic information for previous _________years,

information in
______________
(Rs.)
(amount in Rs.)
Year 1 Year 2 … … Year 7
Statement of Financial Position (Information from Balance Sheet)
Total Assets (TA)
Total Liabilities (TL)
Total Equity/Net Worth

(NW)
Current Assets (CA)
Current Liabilities (CL)
Working Capital (WC)
Information from Income Statement
Total Revenue (TR)
Profits Before Taxes

(PBT)
Cash Flow Information
Cash Flow from Operating

Activities

This information should be extracted from the Annual Financial Statements/ Balance
sheets, which should be enclosed. Year 1 will be the latest year for which audited financial
statements are available. Year 2 shall be the year immediately preceding year 1 and year 3
shall be the year immediately preceding Year 2.
2. Sources of Finance
Specify sources of finance to meet the cash flow requirements on works currently in
progress and for future contract commitments.
N Source of finance Amount (Rs.)

o
.
3. Financial documents
The Bidder and its parties shall provide copies of financial statements for _________years
pursuant Section III, Evaluation and Qualifications Criteria, Sub-factor 3.2. The financial
statements shall:
(a) reflect the financial situation of the Bidder or in case of JV member, and not an
affiliated entity (such as parent company or group member).
(b) be independently audited or certified in accordance with local legislation. In case of

Indian bidders, the financial statements shall be audited by a certified chartered
accountant.
Page | 103
(c) be complete, including all notes to the financial statements.
(d) correspond to accounting periods already completed and audited.
 Attached are copies of financial statements17(balance sheets, including all related notes, and
income statements) for the ____________years required above; and complying with the
requirements
17
If the most recent set of financial statements is for a period earlier than 12 months from the date of bid, the
reason for this should be justified.

Form FIN - 3.2: Average Annual Construction Turnover
[To be completed by the Bidder and by each member of a Joint Venture]

Date: ______________________
RFB No. and title: ___________________________
Page _______________of ______________pages
Annual turnover data (construction only)
Year Amount in Rs.
[indicate [insert amount]

year]
Average
Annual
Construction
Turnover *
* See Section III, Evaluation and Qualification Criteria, Sub-Factor 3.2. Annual
construction turnover calculated as total certified payments received for work in progress
or completed, for 7 years. This should be certified by a Chartered Accountant.
Page | 105

JOINT VENTURE NA
Names of all members of a joint venture
1. Member in charge
2. Member
3. Member
Total value of annual construction turnover, in terms of work billed to clients, in

Rupees
Annual Turnover Data (construction only; in Rs. *)
Member Form Year Year … … Year Average

3.2 1 2 7
page
no.
1.
Member
in charge
2.
Member

3.
Member
TOTALS
* To be certified by a chartered accountant NA
Name and address of Bankers to the Joint Venture

Provide details regarding financial responsibility and participation (percentage share in the
total) of each firm in the Joint Venture. Attach a Memorandum of Understanding for the
Proposed Agreement of joint Venture which should lay down responsibility regarding work
and financial arrangements in respect of each of the firm in the Joint Venture (Refer also
ITB Clause 4.1).
Page | 107

Form FIN - 3.3: Financial Resources
Specify proposed sources of financing, such as liquid assets, unencumbered real assets, lines
of credit, and other financial means, net of current commitments, available to meet the total
construction cash flow demands of the subject contract or contracts as specified in Section III,
Evaluation and Qualification Criteria.
Source of financing Amount (Rs.)

1.
2.
3.
4.
FORMAT FOR EVIDENCE OF ACCESS TO OR AVAILABILITY OF CASH

FLOW
[To be given from a Nationalized or Scheduled Bank in India]
Clause 3.1(ii) of Section III – Qualification Criteria
(1) AVAILABILITY OF CASH FLOW (WORKING CAPITAL)
This is to certify that M/s. ______________________________ is a reputed company with

a good financial standing.

If the contract for the works, namely _________________________________________

[funded by the World Bank] is awarded to the above firm, we shall be able to provide
overdraft/credit facilities to the extent of Rs. equivalent _______ to meet their capital
requirements for executing the above contract.
-- Sd. --
Name of Bank Manager
Senior Bank Manager
Address of the Bank
* Change the text as follows for Joint venture: (Where permitted as per BDS ITB
4.1)
This is to certify that M/s. ………………………………. who has formed a JV with M/s.
………………………….. and M/s. …………………………….. for participating in this bid, is a
reputed company with a good financial standing.
If the contract for the work, namely ………………………………………………………….

[funded by the World Bank] is awarded to the above Joint Venture, we shall be able to
provide overdraft/credit facilities to the extent of Rs. …………… to meet the working
capital requirements for executing the above contract.
[This should be given by the JV members in proportion to their financial participation.]
Page | 109


Form EXP - 4.1: General Construction Experience
[The following table shall be filled in for the Bidder and for each member of a Joint
Venture]

Date: ______________________
RFB No. and title: ___________________________
Page _______________of ______________pages
[Identify contracts that demonstrate continuous construction work over the past [7] years
pursuant to Section III, Qualification Criteria and Requirements, Sub-Factor 4.1. List
contracts chronologically, according to their commencement (starting) dates.]
Startin Ending Contract Identification Role of

g
Month Bidder
Month/ / Year [“Contractor”
Year or “JV
Member” or
Contract name: ____________________ “Subcontractor
Brief Description of the Works performed by ” or “Contract
the Manager”]
Bidder: _____________________________
Amount of contract: ___________________
Name of Employer: ____________________
Address: _____________________________
Contract name: _________________________
Brief Description of the Works performed by

the
Bidder: _____________________________
Name of Employer: ___________________
Address: _________________________
Contract name: ________________________
Page | 111
Brief Description of the Works performed by

the
Bidder: __________________________
Name of Employer: ___________________
Address: _________________________


Form EXP - 4.2(a): Specific Construction and Contract Management Experience
[The following table shall be filled in for contracts performed by the Bidder, each
member of a Joint Venture, and specialist sub-contractors]

Date: ______________________
RFB No. and title: ___________________________
Page _______________of ______________pages
Work performed as prime Contractor or JV Member or Sub-Contractor or Management

Contractor (in the same name and style) on construction works of a similar nature and volume
over the last seven years18. [Attach certificate from the Engineer-in-charge.]
Information
Similar Contract No.
Contract Identification
Award date
Completion date
Prime Member in Manageme Sub-
Role in Contract
Contracto JV nt contrac
r Contractor tor 

Total Contract Amount Rs. * 
*
If member in a JV or
subcontractor, specify
participation in total Contract
amount
Employer's Name:
Address:
Telephone/fax number
E-mail:
18
Immediately preceding the financial year in which bids are received.
Page | 113
Form EXP - 4.2(a) (cont.)
Specific Construction and Contract Management Experience (cont.)
Similar Contract No. Information
Description of the similarity in

accordance with Sub-Factor
4.2(a) of Section III:
1. Amount
2. Physical size of required

works items
3. Complexity
4. Methods/Technology
5. Construction rate for key

activities
6. Other Characteristics


Form EXP - 4.2(b): Construction Experience in Key Activities

Date: ______________________
Subcontractor's Legal Name19 (as per ITB 33.2 and 33.3): ________________
RFB No. and title: ___________________________

Page _______________of ______________pages
Subcontractor's Name (as per ITB 33.2 and 33.3): ________________
All subcontractors for key activities must complete the information in this form as per ITB
33.2 and 33.3 and Section III, Qualification Criteria and Requirements, Sub-Factor 4.2.
1. Key Activity No One: ________________________
Information
Award date
Completion date
Prime Member in Managem Sub-
Role in Contract
Contractor JV ent contracto
Contracto r
 
r
Total Contract Amount 
Rs.

Quantity (Volume, number or rate Total quantity Percentage Actual

of production, as applicable) in the Quantity
performed under the contract per contract participation Perform
year or part of the year in the last 7 (ii) ed
years (i)
(i) x (ii)
Year 1
Year 2
Year 3
19
If applicable.
Page | 115
Year 4
Year 5
Year 6
Year 7
Information
Employer’s Name20:
Address:
Telephone/fax number
E-mail:
2. Activity No. Two

3. …………………
Information
Description of the key activities in

accordance with Sub-Factor 4.2(b) of
Section III:
20
Attach certificate from the Engineer-in-charge
Form EXP - 4.2(c)
Specific Experience in Managing ES aspects
(If applicable under 4.2 (c) of Section –III : Evaluation and Qualification Criteria)
[The following table shall be filled in for contracts performed by the Bidder, and each
member of a Joint Venture]
Bidder's Name: ________________

Date: ___________________
Bidder's JV Member Name: __________________
RFB No. and title: _____________________
Page __________________of ________________pages
1. Key Requirement no 1 in accordance with 4.2 (c): ______________________

Award date
Completion date
Role in Contract Prime Member in Managem Subcontra
Contractor JV ent ctor
  Contracto 
r
Total Contract Amount
Rs. 
Details of relevant experience

…
Page | 117
Form…..
(Name of the Project)
(Declaration regarding tax/duty exemption for materials/construction equipment bought

for the work)
(Bidder’s Name and Address)
To: …………………..
(Name of the
Employer& address)
Dear Sir:
Re: [Name of Work]…………………….
Certificate for Import/Procurement of Goods/Construction Equipment
Government Order/Circular Number under which tax/duty Exemption is being sought: …
1. We confirm that we are solely responsible for obtaining tax/duty waivers which we
have considered in our bid and in case of failure to receive such waivers for reasons
whatsoever, the employer will not compensate us.
2. We are furnishing below the information required by the Employer for issue of the
necessary certificates in terms of the Government of India’s relevant Notifications.
3. The goods/construction equipment for which certificates are required are as under:
Items M Capaci Quan Va State Remarks

ak ty tity lue whether it regarding
(modify e/ [where will be justificatio
the list Br applica procured n for the

suitably an ble] locally or quantity

for each d imported and their
specific N [if so from usage in
work)* a which works.
m country]
e
Goods
[a]
Anchore
Bolt
[b] Mess
[c]
Suppotr
rope
Construction Equipment
4. We agree that no modification to the above list is permitted after bids are opened.
5. We agree that the certificate will be issued only to the extent considered reasonable by
the Employer for the work, based on the Bill of Quantities and the construction
program and methodology as furnished by us along with the bid.
6. We confirm that the above goods and construction equipment will be exclusively used
for the construction of the above work and the construction equipment will not be
sold or otherwise disposed of in any manner for a period of seven years from the
date of acquisition.
Page | 119
Date: ___________________ (Signature)______________________
Place:___________________ (Printed Name)__________________
(Designation)____________________
(Common Seal) ___________________
[This certificate will be issued within 60 days of signing of contract and no subsequent
changes will be permitted.]
* Modify the above to suit the requirements given in Government of India’s Notifications
as current of date of bidding.

Appendix to Technical Part: Bid Security
Form of Bid Security - Bank Guarantee
[Guarantor letterhead or SWIFT identifier code]
Bank Guarantee No…………………….[insert guarantee reference number]
Date………………………….[insert date of issue of the guarantee]
WHEREAS, _______________________ [name of Bidder]21 (hereinafter called "the

Applicant") has submitted his Bid dated _______________________ [date] or will submit
his Bid for the construction of _____________________________________ [name of
Contract] (hereinafter called "the Bid") under Request for Bids
No……………………….[insert number] (hereinafter called “the RFB”)
KNOW ALL PEOPLE by these presents that We ______________________________

[name of bank] of ____________________________ [name of country] having our
registered office at ___________________________________ (hereinafter called "the
Bank") are bound unto ______________________________[name of Employer]
(hereinafter called "the Employer") in the sum of ___________________ 22for which
payment well and truly to be made to the said Employer the Bank binds itself, his
successors and assigns by these presents.
SEALED with the Common Seal of the said Bank this _________ day of __________
20____.
21
Insert name of the Bidder, which in the case of a joint venture shall be (a) the name of the joint venture that
submits the bid if the JV has been constituted into a legally enforceable JV, or (b) the names of all future
members of the JV as named in the letter of intent to execute the JV Agreement submitted by the bidder
alongwith its bid.
22
The Applicant should insert the amount of the guarantee in words and figures denominated in Indian Rupees.
This figure should be the same as shown in Clause 19.1 of the Instructions to Bidders.
Page | 121
THE CONDITIONS of this obligation are:
(1) If after Bid opening the Applicant (a) withdraws his bid during the period of Bid
validity specified in the Letter of Bid, or any extended dateprovided by the
Applicant (“the Bid Validity Period”); or (b) does not accept the correction of the
Bid Price pursuant to ITB 36;
Or
(2) If the Applicant having been notified of the acceptance of his bid by the
Employer during the period of Bid validity:
(a) fails or refuses to execute the Contract Agreement in accordance

with the Instructions to Bidders, if required; or
(b) fails or refuses to furnish the Performance Security and if required,

the Environmental and Social (ES) Performance Security, in
accordance with the Instruction to Bidders.
we undertake to pay to the Employer up to the above amount upon receipt of his first
written demand, without the Employer having to substantiate his demand, provided that in
his demand the Employer will note that the amount claimed by him is due to him owing to
the occurrence of one or any of the four conditions, specifying the occurred condition or
conditions.
This Guarantee will remain in force up to and including the date ____________________
23
days after the deadline for submission of Bids as such deadline is stated in the Instructions
to Bidders or as it may be extended by the Employer, notice of which extension(s) to the
23
45 days after the end of the validity period of the Bid.

Bank is hereby waived. Any demand in respect of this guarantee should reach the Bank not
later than the above date.
DATE _______________ SIGNATURE OF THE BANK

_________________________
WITNESS ____________ SEAL _______________________________________
_________________________________________________________________
[signature, name, and address]
Note: All italicized text (including footnotes) is for use in preparing this form and shall be
deleted from the final product.
Page | 123

Form of Bid-Securing Declaration
(Where allowed under ITB 19.1)
Date: [insert date (as day, month and year)]
RFB No.: [insert number of Bidding process]
Alternative No.: [insert identification No if this is a Bid for an alternative]
We, the undersigned, declare that:
We understand that, according to your conditions, bids must be supported by a Bid-

Securing Declaration.
We accept that we will automatically be suspended from being eligible for bidding or
submitting proposals in any contract with the Employer for the period of time of [insert
number of months or years] starting on [insert date], if we are in breach of our
obligation(s) under the bid conditions, because we:
(a) have not accepted the correction of the Bid Price pursuant to ITB 36; or
(b) have withdrawn our Bid during the period of Bid validity specified in the Letter of
Bid or any extended date provided by us; or
(c) having been notified of the acceptance of our Bid by the Employer during the period
of bid validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or
refuse to furnish the Performance Security and, if required, the Environmental and
Social (ES) Performance Security, in accordance with the ITB.
We understand this Bid-Securing Declaration shall expire if we are not the successful
Bidder, upon the earlier of (i) our receipt of your notification to us of the name of the
successful Bidder; or (ii) forty-five days after the expiration of our Bid.
Name of the Bidder* [insert complete name of
person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder** [insert
complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid [insert complete title of the person signing the Bid]

Signature of the person named above [insert signature of person

whose name and capacity are shown above]
Date signed _[insert date of signing]day of [insert month], [insert year]
*: In the case of the Bid submitted by joint venture specify the name of the Joint Venture as
Bidder
**: Person signing the Bid shall have the power of attorney given by the Bidder to be
attached with the Bid[Note: In case of a Joint Venture, the Bid-Securing Declaration must
be in the name of all members to the Joint Venture that submits the Bid.]
Affidavit regarding correctness of information provided

(To be produced on Rs 100/- Stamp paper and duly Notarized)
(to be Produced for each member of Joint Venture separately)
To: …………………..
(Name of the Employer&

address)
Dear Sir:
Re: [Name of Work]……………………………………………………………….
The documents attached/information provided by us for the aforesaid work in technical part
are as follows :-
S.No. Information/Documents attached
Page | 125
(1) We confirm that we are solely responsible for trueness and correctness of the all
certificates/documents and information provided by us for above mentioned work.
Authorized Signatory……………………………
Name
……………………………………………..
For M/S
…………………………………………..
Address
…………………………………………..
Date :-
……………………………………………
[ Notary ]
We hereby do solemnly affirm with oath that the all information and
certificates/documents provided by us in the above mentioned work are
absolutely true and correct to the best of our knowledge and we are wholly
responsible for all information and certificates/documents provided.
Authorized
Signatory……………………………
Name
……………………………………………..
For M/S
…………………………………………..
Address
…………………………………………..
[ Notary] Date :-
……………………………………………
Letter of Bid - Financial Part

INSTRUCTIONS TO BIDDERS: DELETE THIS BOX ONCE YOU HAVE COMPLETED

THE DOCUMENT
The Bidder must prepare this Letter of Bid on stationery with its letterhead clearly showing
the Bidder’s complete name and business address.
Note: All italicized text is to help Bidders in preparing this form.
Date of this Bid submission: [insert date (as day, month and year) of Bid submission]
Request for Bid No.: [insert identification]
Alternative No.24:[insert identification No if this is a Bid for an alternative]
We, the undersigned, hereby submit the second part of our Bid, the Bid Price and Bill of
Quantities. This accompanies the Letter of Bid - Technical Part.
In submitting our Bid, we make the following additional declarations:
(a) Bid Validity Period: Our Bid shall be valid for a period specified in BDS 18.1 (or as
amended if applicable) from the date fixed for the Bid submission deadline specified in
BDS 22.1 (or as amended if applicable), and it shall remain binding upon us and may
be accepted at any time before the expiration of that period;
(b) Bid Price: The total price of our Bid, excluding any discounts offered in item (c) below
is: [Insert one of the options below as appropriate]
[Option 1, in case of one lot:] Total price is: [insert the total price of the Bid in Rs.
in words and figures];
24
Delete if not applicable
Page | 127
Or
[Option 2, in case of multiple lots:] (a) Total price of each lot [insert the total price
of each lot in Rs. in words and figures]; and (b) Total price of all lots (sum of all
lots) [insert the total price of all lots in Rs. words and figures];
(c) Discounts: The discounts offered and the methodology for their application are:
(i) The discounts offered are: [Specify in detail each discount offered]
(ii) The exact method of calculations to determine the net price after application of
discounts is shown below: [Specify in detail the method that shall be used to apply
the discounts];
(d) Commissions, gratuities and fees: We have paid, or will pay the following
commissions, gratuities, or fees with respect to the Bidding process or execution of the
Contract: [insert complete name of each Recipient, its full address, the reason for
which each commission or gratuity was paid and the amount and currency of each
such commission or gratuity].
Name of Recipient Address Reason Amount
(If none has been paid or is to be paid, indicate “none.”)
Name of the Bidder:*[insert complete name of person signing the Bid]
Name of the person duly authorized to sign the Bid on behalf of the Bidder: ** [insert
complete name of person duly authorized to sign the Bid]
Title of the person signing the Bid: [insert complete title of the person signing the Bid]
Signature of the person named above: [insert signature of person whose name and
capacity are shown above]
Date signed [insert date of signing] day of [insert month], [insert year]
*: In the case of the Bid submitted by a Joint Venture specify the name of the Joint Venture
as Bidder.
**: Person signing the Bid shall have the power of attorney given by the Bidder. The power
of attorney shall be attached with the Bid Schedules
Page | 129
Appendix to Financial Part: Schedules
Sub-contracting
SCHEDULE OF SUBCONTRACTORS
[Note: Entries in this Schedule shall be the same as included in the same Schedule in the
technical part of the bid, except for the column on ‘Approximate value of subcontract’
added in the table below]
Item Element Approxi % Name and Qualification

of work mate of address of and experience
value of bid sub- of sub-
subcont pric contractor contractor on
ract e similar works of
the elements
executed
The Bidder shall enter in this schedule a list of the major sections and appropriate value
of the work for which he proposed to use subcontractors [for those costing more than
10% of the bid price for each element], together with the names, addresses and
experiences of the proposed subcontractors.
The capability of the subcontractor will also be assessed (on the same lines as for the
main Contractor) before according approval to him.
(Work should not be split into small parts and subcontracted; but subcontracting
specialized elements of works is acceptable).

AppendixtoFinancialPart: Schedules
Page | 131
BILL OF QUANTITIES
Rate
I I
t n
Quant fi Amounti
e Unit Inw
Item Description ity g n Rs.
m ords
N u
o r
es
1 Rockfall Protection up to 10 m Height 4672 Sq.mt
2 Rockfall Protection up to 27 m Height 12273 Sq.mt
Sub Total (Rupees) =

Grand Total = ….. s
1. Item for which no rate or price has been entered in will notbepaidforbythe
Employerwhenexecutedandshallbedeemedcoveredbytheotherratesandprices in theBill
ofQuantities (refer:ITB Clause 14.2 and GCCClause 41.3).
2. UnitratesandpricesshallbequotedbythebidderinIndianRupees(refer:ITB Clause 14.1 and ITB

Clause 15.1).
3. Wherethereisadiscrepancybetweentheunitrateandthelineitemtotalresulting
frommultiplyingtheunitratebyquantity,theunitratequotedshallgovern(refer:
ITBClause36).[Note:delete thispointifthee-procurementsystemautomatically calculates the
total from theunitrateand quantity]
4. Wherethereisadiscrepancybetweentherateinfiguresand words,the ratesin

wordswillgovern(refer:ITBClause36). [Note: delete thispointifthee- procurementsystem
automaticallypopulatestheamountinwordsfromtheamount in figures]

Section VI – Fraud and Corruption
Section V - Eligible Countries
Eligibilityfor the Provision ofGoods,WorksandNon-consultingServices in Bank-

Financed Procurement
InreferencetoITB4.8,and5.1,fortheinformationoftheBidders,atthepresenttimefirms,
goods and servicesfromthe followingcountries areexcluded from thisBiddingprocess:
UnderITB4.8(a)and5.1:None
Under ITB4.8(b)and5.1:None
Section VI - Fraud and Corruption
(Section VIshallnotbemodified)
1. Purpose
1.1 TheBank‘sAnti-CorruptionGuidelinesandthisannexapplywithrespect
toprocurement under BankInvestment Project Financingoperations.
2. Requirements
2.1The Bank requires that Borrowers (including beneficiaries of Bank

financing);
bidders(applicants/proposers),consultants,contractorsandsuppliers;anysub-
contractors, sub-consultants,serviceprovidersorsuppliers;any
agents(whetherdeclaredornot);and any oftheir
personnel,observethehigheststandardofethicsduring theprocurement process,
selection andcontract execution ofBank-financed contracts, and refrain from
Fraudand Corruption.
2.2To this end, the Bank:
a. Defines, for thepurposesof this provision, the terms set forth below as follows:
i. ―corruptpractice‖ istheoffering,giving, receiving,or soliciting,directly

orindirectly,ofanythingofvaluetoinfluenceimproperly theactionsof
anotherparty.
ii. ―fraudulent practice‖ is any act or

omission,includingmisrepresentation,thatknowingly
orrecklesslymisleads,orattemptsto mislead, a partyto
obtainfinancialorotherbenefitortoavoidanobligation.
Page | 133
iii.―collusivepractice‖ isanarrangementbetweentwoor more parties
designedtoachieve animproperpurpose,including toinfluence
improperlythe actions ofanotherparty.
iv. ―coercivepractice‖isimpairingorharming,orthreateningtoimpairor
harm,directly orindirectly,any party ortheproperty oftheparty to
influenceimproperlytheactions of aparty.
v. ―obstructivepractice‖is:
(a) deliberatelydestroying, falsifying,altering,orconcealingof

evidence material to the investigation or making false
statements toinvestigators in order to materially impede a
Bankinvestigationintoallegationsof a corrupt,fraudulent,
coercive,or collusivepractice;and/orthreatening,harassing,or
intimidatingany partytopreventitfromdisclosingits knowledge of
matters relevanttothe investigationor from pursuingthe
investigation;or
(b) actsintendedtomateriallyimpedetheexerciseoftheBank ‘s
inspectionandauditrightsprovided forunder paragraph2.2e.
below.
b. RejectsaproposalforawardiftheBankdeterminesthatthefirmorindividual
recommendedforaward,any ofitspersonnel,oritsagents,oritssub-consultants,
sub-contractors,serviceproviders,suppliersand/ortheiremployees,has,directly
or indirectly, engaged in corrupt, fraudulent, collusive, coercive, or
obstructive practices incompeting for the contract inquestion;
c. InadditiontothelegalremediessetoutintherelevantLegalAgreement,may take
other appropriate actions, including declaring misprocurement, if the
Bank determinesatany timethatrepresentativesoftheBorrowerorofa recipient
toany
partoftheproceedsoftloanengagedincorrupt,fraudulent,collusive,coercive,
orobstructivepracticesduringtheprocurementprocess,selectionand/orexecution
of the contract in question, without the Borrower having taken timely and
appropriateactionsatisfactorytotheBanktoaddresssuchpractices whenthey
occur,including byfailingtoinformtheBankinatimely manneratthetime they
knew ofthe practices;
d. PursuanttotheBank‘sAnti-CorruptionGuidelinesandinaccordancewiththe
Bank‘sprevailingsanctionspoliciesandprocedures,may sanctionafirmor
individual,eitherindefinitely orforastatedperiodoftime,includingbypublicly
declaring suchfirmorindividual ineligible(i)tobeawardedorotherwisebenefit
fromaBank-financedcontract,financiallyorinanyothermanner;10 (ii)tobea
nominated11sub-contractor, consultant,manufacturer or supplier,or
serviceprovider ofanotherwiseeligiblefirmbeing awardedaBank-
financedcontract;and(iii)to receivethe proceedsof anyloanmadebytheBank or
otherwiseto participate further in thepreparation orimplementation of
anyBank-financed project;

e. Requiresthataclause beincludedinbidding/requestfor proposalsdocumentsandin
contractsfinanced by aBankloan,requiring(i)bidders(applicants/proposers),
consultants,contractors,andsuppliers,andtheir sub-contractors,sub-consultants,
service providers, suppliers, agents personnel, permit the Bank to inspect12
allaccounts,recordsandotherdocumentsrelating
totheprocurementprocess,selection
and/orcontractexecution,andtohavethemauditedby auditorsappointedby the
Bank.
10For theavoidance of doubt,asanctionedparty‘s ineligibilityto
beawardedacontractshallinclude,without limitation,(i) applying for pre-
qualification,expressing interestinaconsultancy,andbidding,either directlyor as
anominated sub-contractor, nominated consultant,nominated manufacturer or
supplier,or nominated serviceprovider,inrespect of suchcontract,and (ii) entering
intoan addendumor amendment introducingamaterialmodificationto anyexisting
contract.
11 Anominatedsub-contractor, nominatedconsultant,nominatedmanufacturer or
supplier,or nominatedserviceprovider (differentnames areuseddepending on
theparticularbiddingdocument)is onewhich hasbeen: (i) includedbythe bidder
initspre-qualification
Applicationorbidbecauseitbrings specificandcriticalexperienceand know-
howthatallowthe bidder to meetthe qualification requirements forthe particular
bid;or(ii) appointedbytheBorrower.
12 Inspectionsinthiscontextusuallyare investigative (i.e., forensic)in nature.
Theyinvolve fact-finding activities undertakenbytheBankorpersons
appointedbytheBanktoaddress specific matters relatedto investigations/audits,suchas
evaluating the veracityof an
allegationofpossibleFraudandCorruption,throughtheappropriatemechanisms.
Suchactivityincludesbutisnotlimitedto:accessing andexamining a firm's orindividual's
financial records and information,andmakingcopies thereof as relevant;accessingand
examining anyother documents,dataand information(whether inhard copyor
electronicformat)deemedrelevantfor the investigation/audit,and makingcopies thereof
as relevant; interviewing staff and other relevantindividuals;performing physical
inspections and site visits;and obtainingthirdpartyverificationofinformation.
Page | 135
Section VII – Works’ Requirements
PART 2 – Work’s Requirements

SCOPE OF WORKS
S. SCOPEOFWORK
No
.
i Rock Fall Protection at Kadana Dam
Section VII-Works’ Requirements
Page | 137
Bid no. KADANA DAM
DESCRIPTION OF WORKS
S. DESCRIPTIONOFWORK
No.
i Rock Fall Protection at Kadana Dam
GENERAL TECHNICAL SPECIFICATIONS
1. GENERAL REQUIREMENTS
The Technical Specification shall form a part of the contract and shall be read in
conjunction with other bidding documents. If required, the Project Managermay
issue special specifications modifying, amending, or supplementing the
requirements spelt out in this Technical Specification. In such a case, the provision
in the Special Specification shall prevail over those in the Technical Specification.
1.1 Acronyms
BM, B.M. Benchmark Lit, Litre

BOQ, Bill of Quantities LS, L.S. Lump sum
B.O.Q.
CE, C.E. Chief Engineer M, m, Met, Meter
met.
Cm, cm Centimetre mm Millimetre
Cum, Cubic Meter MT Metric Tonne
CuM
Sqcm, Squire m3, M3 Cubic meter
CM2, Centimetre
ºC Degree Celsius MDD Maximum Dry
Density
Cc, CC Cubic Centimetre N Newton
EIC, Engineer in No, no Number
E.I.C. Charge
Gm, gm Gram OMC Optimum Moisture
Content

Hr, hr Hour Qtl, Qntl Quintal
Km, KM Kilometre RM, Rm, rm Running Meter
Kg, KG Kilogram Sq. M, Sqm, Sq Squire Meter

Met
Crushed Crushed Black B.T. Chips Black Trap chips
B.T. Trap
1.2 Standards and Specifications
The term, Indian Standard specifications (issued by the Bureau of Indian Standards)
here in after referred as BIS used herein means the relevant Bureau of Indian
Standard codes with all amendments published up to the date of submission of
tenders. A Statement of BIS as applicable to the context of present work is listed
below.
The list is not exhaustive.
LIST OF INDIAN STANDARDS
Sl. No. Short title B. I. S. Number

(I) CEMENT
(1) 33 Grade ordinary Portland cement 269-1989
(2) Low heat Portland Cement 12600
(3) Portland pozzolana cement (fly ash based) 1489 (Part I)
(4) Portland slag cement (Third Revision) 455 – 1989
Method for Physical tests for hydraulic
(5) 4031 – 1 996
cement (Reaffirmed 1980)
Method of chemical analysis of hydraulic
(6) cement (First revision) 4032 - 1985
(7) Rapid hardening Portland cement 8041 – 1990

(8) 43 Grade ordinary Portland cement 8112
(9) 53 Grade ordinary Portland cement 12269
(10) Sulphate resisting Portland cement 12330
(11) Fly Ash 3812-2003
(12) Micro-Silica 15388-2003
Ground Granulated Blast Furnace Slag
(13) 66699
(GGBS)
(II) AGGREGATES
Specification for coarse and fine
(1)
AGGREGATE
Page | 139
Bid no. KADANA DAM

from natural source for concrete 383 – 1970
(2) Specification for Sand for Masonry Mortars 2116 – 1980
2386 - 1969
Method of Tests for aggregates for
(3) (Part – I to Part –
Concrete
VIV)
Standard sand for testing of cement (First
(4) revision) with amendment 1 & 2 650 – 1991
Reaffirmed 1980
Method for sampling of aggregates for
(5) 2430 – 1969
concrete
Method of test for determining aggregates
5640 – 1970
(6) impact
value of soft coarse aggregates
STEEL
III
Code of practice for bending and fixing of
1 bars 2502 – 1963
for concrete reinforcement
Specification for cold worked steel
2 1786 – 1985
Deformed bars for concrete reinforcement
Code of practice for Welding of M. S. Bars
3 2751 – 1966
used forReinforced Concrete Construction
Recommendations for detailing of
4 5525 – 1969
reinforcement in reinforced concreted works
Specification of Mild Steel and Medium
5 432 - 1966
Tensile Bars for concrete reinforcement
Code for practice for safety and health
6 requirement in Electric and Gas welding and 818 – 1968
cutting operations
Code for practice for Fire precautions in
7 3016 – 1966
welding and Cutting operations
Measurement of Building and Civil
1200 - 1974(Part –
8 Engineering Works, method Part – VIII steel
VIII)
work and Iron work
Code of procedure for manual or metal ARC
9 823 – 1964
welding of Mild Steel
IV CONCRETE
Method of Measurement of building and
1200 - 1968(Part –
1 Civil Engineering works Part – II cement
II)
concrete works
Code of practice for plain and reinforced
2 456 – 2000
concrete
3 Methods of tests for strength of concrete 516 – 1959
5 Specification for Admixtures for concrete 9013 – 1979
Methods of Sampling and Analysis of
6 1199 – 1959
concrete


General requirements for Concrete Vibrators
7 2505 – 1992
– immersion type
General requirement for concrete vibrator
8 2506 – 1985
screed board type (first revision)
Code of practice for use of immersion
9 vibrator for consolidating concrete (first 3558 – 1983
revision)
Method for testing performance of batch type
10 4634 – 1990
concrete mixer
11 Form vibrators for concrete 4656 – 1991
12 Ready mixed concrete (First revision) 4926 – 1990
14 Vibrating plate compactor 5889 – 1994
15 Concrete Pavers 7245 – 1991
16 Concrete slump test apparatus 7320 – 1992
Method of making curing and determining
17 compressive Strength of accelerated cured 9013 – 1979
concrete test specimen
18 Guidelines for concrete mix design 10262 – 1982
V EARTH WORK
Method of Measurement of building and
1 Civil Engineering Works Part – I Earth 1200 - 1992(Part – I)
Work
Safety code for piling and other deep
2 5121 – 1994
foundations
Code of practice Design Installation,
observation and maintenance of uplift
3 6532 – 1992
pressure pipes for Hydraulic structures on
permeable foundation
4 Safety code for excavation works 3764 – 1992
Code of practice for Protection of slope for
5 8237 – 1990
reservoir embankments
Method of test for soils Part – II 2720 – 1973(Part –
8
Determination of water content II)
Method of test for soils Determination of
2720 – 1995(Part –
9 Water content Dry density relation using
VII)
light compaction
Method of test for soils Determination of dry
2720 – 1974(Part –
10 density of soils in place by the sand
XXVIII)
replacement method
Method of test for soils Determination of dry
2720 - 1975(Part –
11 Density of soils in place by the core cutter
XXIX)
method
Classification & identification of soils for
12 1498 – 1970
general Engineering purpose (first revision)
Safety code for working with construction
13 7293 – 1996,
machinery
Page | 141
Bid no. KADANA DAM

8419 – 1990 (Part –
14 Filtration media – sand & gravel
I)
2720 - 1997(Part – I
17 Methods of tests of soils
to X)
Method of load test on soils (Second
18 1888 – 1999
revision)
Method for standard penetration tests for
19 2131 – 1997
soils (First revision)
Method of sampling and preparation of
20 4332-1995
stabilized soils for testing
Wire Mesh
Double twisted Hexagonal shaped
1 mechanically woven wire mesh IS 16014 : 2018
2 Tensile strength of galvanized steel wire IS 280
3 Rockfall netting IS 1604
4 Wire rope grade IS 2266

Sp. Gravity, hardness, tensile strength and
5 elongation test of wire and Zinc+1% IS 4826
Alluminium Galvanisation
Any materials for which no standard is referred to or has not been fully specified in
the Specifications shall be of 1st class quality and the contractor is to carry out the
necessary tests based on International Testing Standard as per direction of Project
Manager.

1.3 Contrctor's Temporary Facilities
1.3.1 Contractor's Offices, Stores, Etc.
The Contractor shall be responsible for the land he deems necessary for his offices,
stores, and warehouse and for the housing and welfare of his employees. The
Contractor shall also be responsible for the construction, maintenance, operation and
subsequent removal of such temporary facilities. These facilities shall be equipped
with adequate electricity and potable water supplies.
The temporary quarters and camp accommodation shall be run and maintained in an
efficient manner for the duration of the Contract, and shall be open to the inspection
of the Government Medical Officer of Health at all times, and any instruction given
by him for the cleaning, disinfecting, and general maintenance thereof shall be
carried out by the Contractor
The above facilities shall from the time of their erection until the completion of the
Works will remain the property of the Employer and the Contractor shall not
demolish or remove any facilities or part thereof without the written permission of
the Project Manager. On the completion of the Works they shall become the
property of the Contractor who shall, if so ordered remove them and the associated
services and restore the Site to the approval of the Project Manager.
The Contractor shall submit, for the approval of the Project Manager, within
fourteen (14) days from the Commencement Date his detailed plan and/or
construction drawings of his offices, stores, and warehouse that he proposes to
construct or rent, including his proposals for water and power supply and sewage
facilities. All facilities shall conform to the Employer's standards.
1.3.2 Contractor's Transport
The Contractor shall make his own arrangements for the transport, where necessary,
of his staff and workmen to and from the site of the works at his own expenses. No
payment shall be made on this item, and such costs in this item are deemed to be
covered in the unit rate.
1.3.3 Temporary Access Road
If only deemed necessary for the Rehabilitation Works, the Contractor shall
construct and maintain temporary access roads including temporary access bridges
necessary for the construction of the Works and transportation of the materials. The
access roads to the borrow pits and for constructing the dam and roads shall be
constructed by rehabilitating and reinforcing the existing roads, where available.
The access roads shall be constructed in such a manner that all of the temporary
access roads and bridges ensure the passage of heavy equipment and trucks during
the whole construction period. The Contractor shall also pay compensation to the
Page | 143
Bid no. KADANA DAM
owner(s) if he constructs the temporary access roads on privately owned land. To

the possible extent the contractor should avoid agricultural lands and forest lands.
Not less than 14 days before he intends to start construction of any part of the
temporary access roads, the Contractor shall submit to the Project Managerhis
detailed construction program, and drawings of:
a) the temporary access roads including temporary access bridges; and

b) any other temporary works which he considers necessary for the proper
execution of the Works
The Contractor shall not start the construction of any temporary access road until the
Project Manager's approval thereto has been obtained. However, such approval shall
not relieve the Contractor of any liability or obligation under the Contract.
The Contractor shall construct the temporary access roads and bridges in accordance
with the approved drawings and construction program and shall maintain and repair
such roads so as to ensure the passage of heavy equipment and trucks throughout the
construction period of the works, giving special attention to watering the access
road(s), unless otherwise specified or directed by the Project Manager. On
completion of the works, such as drain, road, bridge, culvert, etc., he shall remove
such access road and bridge from the site as directed by the Project Manager.
The public and village roads may also be used as temporary access road. The
Contractor shall maintain and repair them to the satisfaction of the authorities
concerned.
The Contractor shall facilitate the use of such roads by the public in a friendly co-
operative manner.
All costs, including cost of land compensation, therefore incurred by the Contractor
in complying with the requirements of this Sub-Clause shall be deemed to be
included in the respective item rates in the Bill of Quantities. No separate payment
for these items shall be made.
1.4 Borrow Area & Quarries NA
1.5 Construction Program
Withinten (10) days from the Commencement Date the Contractor shall submit to
the Project Managerfor approval a complete and practicable construction program
showing the orderly performance of the Works. The Construction Program shall
show in detail the proposed method of operations, including purchase and delivery
of materials and equipment, as well as the construction. The Construction Program
shall show in a bar chart each major item of the Works and the Temporary Works on

separate horizontal lines, sequence of operation and the period required for the
completion of each activity and preferably using Microsoft Project 2007 software.
The Construction Program shall, when approved by the Project Manager, become a
part of the Contract.
In amplification, the particulars supplied by the Contractor with the program shall
include the following details:
(a) a statement giving the numbers and categories of supervisory and technical staff
and skilled/unskilled labor to be employed on the Works;
(b) a list and type/details of the Contractor's Equipment (including vehicles) which
the Contractor proposes to employ on the Works, stating whether they are to be
acquired from inside or outside India, including program dates for order and
delivery;
(c) a list detailing the purchase and delivery of materials and Plant from both
inside and outside India;
(d) details of the Contractor's methods of working for all operations including
construction by sequence. The program shall also indicate the proposed
temporary flow diversions and arrangements for de-watering illustrating the
sequence of various critical stages of construction;
(e) a statement and outline layout giving the proposals for location of offices and
stores at the Site; and
(f) details of the program for the construction of the works from the
Commencement Date, including a complete resource allocation showing the
number of units and allotted times for each unit of the Contractor's Equipment,
Plant, materials and labor allocated for each part of the works.
(g) The program shall show the start and completion dates of the various activities,
in order to complete the entire project by the Intended Completion Date.
(h) No separate payment shall be made to the Contractor for complying with this
Sub-Clause.
1.6 Progress Reporting and Review Meetings
Monthly Report
The Contractor shall furnish to the Project Manager, at the Contractor's own cost, at
regular one (1) month intervals and in a form and number of copies determined by
the Project Manager, the following:
(i) physical and financial progress for the preceding months and estimated
progress for the report month.
(ii) Completion schedules (target and actual) based on the approved Construction
Program.
Page | 145
Bid no. KADANA DAM
(iii) estimated expenditures for the report month.
(iv) a tabulation of construction equipment, listing the major items and pieces of
equipment which were utilized for performance of the Works during the
preceding month.
(v) a tabulation of employees, showing the supervisory staff and the numbers of
several classes of laborers employed by the Contractor in the preceding
month.
(vi) purchase and expenditure report covering the Plant and materials furnished by
the Contractor for the Works.
(vii) the climatic conditions prevailing during the report month.
(viii) the environmental and social measures carried out by the contractor; and
(xi) any report which may be specifically requested by the Employer and/or the
Project Manager
Final or Completion Report
Within 30 days from the Provisional Acceptance Date, the Contractor shall submit
to the Project Manager Completion Report in 30 copies. The Report should include :
a) Inventory of executed works.

b) Financial statement.
c) Main issues encountered.
d) List of the equipment and staff mobilized and
e) Recommendations
The report should also include: as-built drawings of the various structures.
Site/Works Meetings
The Contractor shall attend all the Site/Work Meetings (periodical or exceptional)
called by the Project Manager. A Minutes of Meeting should be prepared and jointly
signed by the Contractor (or its representative) and the Project Manager.
Site Diary Book
The Contractor shall maintain a site diary book in which all the main activities in the
site should be daily recorded including inventory of existing staff and equipment,
works progress, incidents, executed tests and samples collection, visits and
particular or exceptional events. The diary should be jointly signed by the
Contractor's representative and the Project Manager.
Audits bythe Employer
The Contractor shall note that the Employer shall be entitled, at its discretion, to
conduct audits in respect to:
(a) costs incurred in the event of termination; and
(b) any other costs that the Contractor claims from the Employer which are not
specifically covered by the terms of the Contract.
(c) The Contractor shall be obliged to keep accurate up-to-date accounts with
records concerning the above items.
Progress Photographs:
The Contractor shall make all arrangements to provide a minimum of 20 daily geo
tagged progress photographs by a digital camera in albums, but not pasted, showing
the work progress and shall promptly supply four copies of such photographs, larger
than 10 cm x 15 cm in size, of such portions of the works in progress and/or
completed as may be directed by the Project Manager. Each print shall contain on its
back the date and title of the view taken. The digital files of the photographs shall be
the property of the Employer and no prints from those shall be supplied to any
persons without the approval of the Project Manager. No payment on the account
shall be made to the contractor.
1.7 Quality Control andField-Testing Laboratory
The Contractor shall be responsible for the quality of the work and shall conduct all
quality control tests required for the work and arrange for the testing of all materials
in accordance with Indian standard.
The Contractor will establish and maintain field laboratory for basic and routine
tests (including suitable building, furniture and equipment) at his own cost to
conduct different field tests and arrange on site or NABL accredited third-party
laboratory for adavanced testing. Equipments and materials as necessary to conduct
the tests shall be procured by the Contractor and brought to site or arranged at
NABL accredited third-party laboratory by the contractor. A list indicating some of
the required tests but not limited to and main equipment/materials are given below
for reference of the Contractors. The Contractor shall also procure other equipments
or arrange at NABL accredited third-party, if necessary, to conduct tests specified
for different items of work to the satisfaction of the Project Manager. All necessary
testing arrangement will be subject to verification and approval by the EngineerIn
Charge and the Contractor should follow instructions to be given by the Project
Manager.
Material/ Works Test
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Bid no. KADANA DAM
Material/ Works Test

Sieve Analysis
Atterberg Limits
Soil
Proctor Compaction
Field Compaction
General Properties
Chemical Properties
Coarse Aggregate
Sieve Analysis
Abrasion
General Properties
Fine Aggregate
Sieve Analysis
General Properties
Cement
Compressive Strength
Admixture for anchore Compressive Strength
grout NDT (Rebound)
Physical
Anchore bar Chemical
Deformation
The Contractor shall, within fourteen (14) days from the Commencement Date,
submit a Quality Assurance Plan. The plan shall include testing schedules, list of
material sources, quality control procedures to ensure the provision of adequate
materials and the execution of the works according to the technical specifications,
the Contractor's internal organization ensuring good quality of constructions works,
procedures for supplying of suitable materials, procedures for verification of
drawings and other items as required by the Project Manager. The Contractor shall
implement the quality control procedures in compliance with the approved Quality
Assurance Plan
1.8 Construction Supervision
Three tier system is proposed to be implemented for CS and QA activities. The first
level CS&QA is the responsibility of contractor, second level with the dam owner
and third level called Third Party CS & QA is entrusted with CPMU, Central Water
Commission through Engineering and Management Consultant. Supervision of
construction work will be done by the Project Managerand his site staff on a day-to-
day basis and periodically by the concerned Superintending Engineer and Chief
Project Managerof the Project or any authorized agency/officials by the engineer-in
charge.
Regarding the material sampling and testings, by the second party and third party, it
is the sole responsibility of the dam owner and the CPMU, CWC without any
financial implications to the contractor. The representatives of the second and third

party are authorized to inspect any time the ongoing rehabilitation works even at a
short notice, can take the samples of construction materials for appropriate testing.
The construction material samplings and testing shall be done at independent
material testing laboratories by each agency.
1.9 Materials and Samples

The Contractor shall submit to the Project Managera list of all suppliers of
manufactured items from whom he proposes to purchase, and the locations of
quarries, material sources from which he proposes to extract material aggregates,
stones, fill materials etc. If the contractor is purchasing the aggregates from the
vendor he should obtain the material from the licensed quarry where the Rajasthan
Pollution Control Board has given Consent for Establishment and Operation for the
crusher. In addition the Contractor should enclose a copy of the Consent for
establishment and operation as part of the Vendor approval. All materials and
articles shall, whether specified or otherwise, be suitable for the use intended and
shall be approved by the Project Manager. Samples of all materials or articles to be
incorporated in the Works as may be called for by the Project Manageror his
Representative shall be submitted as and when required for retention by the Project
Manager's Representative. Manufacturer's test certificates shall be supplied in
respect of cement, steel, pipes, etc.
The Contractor shall maintain a detailed record of all materials delivered to his
stores or working areas, and shall make these records available to the Project
Manager's representative. All goods and materials used in the Permanent Works
shall be new, unused, of the most recent or current models, and incorporate all
recent improvements in design and materials unless provided otherwise in the
Contract.
All materials and works rejected by the Project Manager's representative shall be
promptly removed from the site.
Inspection and Tests
All materials and goods furnished and works performed under these specifications
shall be subject to the inspection of the Project Manageror his authorized
representative to determine that they meet the requirements of these specifications.
The Contractor shall notify the Project Manager, not less than 15 days in advance of
the date and place that the materials will be available for inspection. Acceptance of
materials or the waiving of inspection, thereof, shall not relieve the Contractor of the
responsibility for furnishing materials and goods or performing works in accordance
with the requirements of the Contract Documents.
The Contractor shall provide all labor, and equipment necessary for the performance
of all tests required, or he may employ an approved independent testing laboratory
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Bid no. KADANA DAM
to carry out all or part of the testing. The contractor shall obtain approval of his
proposed testing arrangement and shall submit all results without delay.
The Contractor shall be responsible for delivering all samples to the laboratory and
for collecting the results. The original test certificates shall be presented to the
Project Managerfor his review and approval.
The Project Managershall have easy access to the laboratory/ies at all reasonable
times.
1.10 Interference with Existing Works
The Contractor shall not interfere in any way with any existing works whether they
are the property of the Employer or of a third party and whether the position of such
works is indicated to the Contractor by the Project Manageror not, except where
such interference is specifically described as part of the Works either in the Contract
or in the Project Manager's instructions.
The Contractor shall at his own expense provide and erect, to the approval of the
Project Manager, such supports as may be required to protect efficiently all
structures or works which may be endangered by the execution of the Works and he
shall remove such supports on completion of the Works or otherwise take such
permanent measures as may be required by the Project Managerto protect the
structures or works.
The Contractor is to execute the Works in such a manner that he does not damage or
interfere with existing services which are located in proximity to the Site. The
Contractor shall be responsible for any damage or interference which may be caused
to these services due to the execution of the Works and shall carry out all necessary
repairs at his own expense and to the satisfaction of the Project Manager.
1.11 Field Records and As-Built Drawings
During the progress of the work, the Contractor shall maintain a continuous up-to-
date copy and record in softcopy and hard copy ( in PDF, DOC,DWX OR DWG
format) of all drawings, specifications, supplementary data, latest revisions and field
deviations from the drawings, if any, approved by the Project Manager.
As soon as any section of the Works has been completed the Contractor shall bring
the construction drawings up to “As-Built” status incorporating all modifications,
additions, alterations etc., which may have been made during the construction
period. All “As-Built” drawings shall be subject to verification and approval by the
Project Manager. Within the contractually stated period following the date of the
issue of the Certificate of Completion for the Works or parts of the Works, the
Contractor shall complete and submit one full set of such approved drawings
together with one set of auto-positives to the Project Manager.
1.12 Protection of Completed Works
The Contractor shall protect completed Works from damage from subsequent
operations, from the weather or any other cause, including the naturally aggressive
nature of the environment in which the works are to be constructed and make good
any damage so arising until the work is fully completed and handed over to the
Project Manager.
1.13 Signboards
Notice boards shall be in Hindi and English and shall be displayed in suitable
position on the Sites to show the Employers name together with the name of the
Project and the names of the co-financer, Consultant and Contractor. The boards
shall have a minimum overall size of 1.5m x 1m and shall be in a format to be
provided by the Project Manager.
1.14 Safety Meaures
The contractor shall be responsible for ensuring throughout the contract period all
the safety measures at site of work so as to prevent loss of life, property and damage
of partially or completed works. To deploy/does
A. Safety Officer:
The Contractor shall constantly assign, during the progress of the works, and employee
qualified in safety and familiar with the type of work being performed, whose assignment shall
include initiation of measures for the protection of health and the prevention of accidents and
who shall see, by personal inspection, that all safety rules and regulations are enforced. The
contractor shall hold regularly safety meetings with contractor’s workers/ labours , supervisors
and foremen for “work instructions” on daily basis and also with JE/ AE on daily basis , at least
once each month scheduled with the Engineer-in-Charge, When directed additional meetings
will be held. The Contractor will keep the Engineer-in-Charge advised as to when these
meetings are to be held and shall provide the Engineer-in-Charge with a copy of the proposed
with action plan with copy of minutes of his daily meeting & to seek his directions.
B.Special Hanging platform and scaffolding-
The work will have to be carried out by using moving platform (Hanger) to be lowered from top
to work. This work will have to be done by providing necessary mechanical arrangement at dam
top. Similarly a small size cage will have to be provided for attending work of lowering of
material, equipment movement of trained persons from hanger to dam top for making necessary
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Bid no. KADANA DAM
co-ordination arrangement etc.The hanger and cage will have to be fabricated as per requirement
of site conditions. Similarly fixing a scaffolding (Bambu) at the dry land area. Pulley
arrangement is to done for attending work of lowering of material, equipment etc.
1.14.1 Safety Precautions
The Contractor shall comply with any safety instruction given by the Project
Manager. In the performance of the Works, the Contractor shall exercise every
reasonable precaution to protect persons or property from injury. The Contractor
shall erect and maintain all necessary temporary fencing, barricades, barriers, signs
and lights and provide fire alarm, fire extinguishing and fire-fighting services at
strategic points on the Site. The Contractor shall adopt and enforce such rules and
regulations as may be necessary, desirable or proper to safeguard the public and all
persons engaged in the work and its supervision.
1.14.2 Safety measures
The safety measures taken by Contractor shall include but shall not be limited to the
following:
(a) Temporary Fencing – The Contractor shall erect, maintain and remove suitable
and approved temporary fencing to enclose such areas of the Permanent Works
and areas of land occupied by the Contractor within the Site as may be
necessary to implement his obligations under theContract, to the satisfaction of
the Project Manager. Where any temporary fence has to be erectedalongside a
public road, footpath, etc., it shall be of the type required by and shall beerected
to the satisfaction of the Government authority concerned.
(b) Lighting –The Contractor shall provide sufficient lighting in all places where
work is in progress, such that:
(i) Safe working conditions are provided both for the Contractor's
personnel, sub-contractor's personnel and for personnel of the Project
Manager;
(ii) The Works can be constructed in complete compliance with the
Contract; and
(iii) A complete inspection of all Works in progress can be made by the
Project Manager.

(c) The minimum service luminance on ground or working surfaces to be provided

for the various operations or work areas shall be as directed by the Project
Manager.
(d) The Contractor shall supply a suitable instrument to the Project Manager for
measuring the intensity of illumination
(e) All mobile equipment or plant used during night operations, as and when
approved by the Project Manager, shall be equipped with sufficient lights and
reflectors to ensure safe working conditions
(f) Not less than fourteen (14) days before the start of night operations, the
Contractor shall submit his proposals for lighting in the areas in which he
proposes to work at night to the Project Manager. The Contractor shall modify
the proposals if required by the Project Manager, and shall not begin operations
at night until the proposals for lighting (in an amended form if required) have
been approved
(g) Approval of the Contractor's proposals for lighting shall not relieve the
Contractor of any of his liabilities or obligations under the Contract.
(h) Work in the vicinity of electrical equipment – in the interest of safety and
security, the Contractor shall complete the erection of any safety fencing
around electrical and mechanical apparatus by the time that the said apparatus
is connected to any electricity supply.
(i) Explosives – in the use, handling and storage of explosives, the Contractor shall
comply with the guidelines given in Section 3.4, under Earthworks of this
Specification and with all statutory regulations of law. The Contractor's
attention is drawn to the fact that, depending on the nature of work in progress,
the Project Managermay require the Contractor to discontinue the
handlingoruseofexplosivesduring the approach and progress of severe
thunderstorms in which case all persons shall be removed from danger areas to
a place of safety during such periods.
(j) Safety Instructions – the Contractor shall at his own cost supply and issue to his
employees and those of his subcontractors and the staff of the Project
Managerprinted booklets, of pocket- size, on the scale of one per person, in
English and in other languages used by his employees at Site, instructions based
on good practice. Within sixty (60) days of the Project Manager's written order
to commence the Works at Site, proof copies of the booklet shall be submitted
for approval before printing and amendments shall be made to the booklet to his
entire satisfaction. The Contractor shall issue the booklet immediately after
printing as required by this Clause and ensure that all employees are fully
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Bid no. KADANA DAM
conversant with the instructions. Safetyinstructions shall deal with all safety
including:
(i) Protective clothing, headgear and footwear;
(ii) Use of lifting equipment;
(iii) Use of drilling equipment;
(iv) Contract with and use of electrical equipment;
(v) Use and storage of explosives;
(vi) Compressed air;
(vii) Welding;
(viii) Routine for accidents or fires; and
(ix) Watchmen, warning notices and barriers.
(k) The Contractor shall allow for 20 booklets for the use of the Project Manager.
The Contractor shall provide for the Project Managerand Project Manager's
supervisory staff the protective clothing, headgear and footwear necessary for
the proper discharge of their duties on Site.
(l) Accident Reports – the Contractor shall promptly report to the Project Manager,
all accidents involving death or serious injury to staff or workmen, and furnish
monthly reports of all accidents to staff or workmen involving loss of time,
giving such information as may be prescribed by the Project Manager.
(m) The Contractor shall provide all necessary signs for the works.
(i) These shall include, but not be limited to:

• use of sirens before blasting and a all-clear indication
• standard road signs;
• warning signs;
• danger signs;
• control signs;
• safety signs; and
• direction signs
(ii) Wording on all signs shall be in English and Hindi and other approved
languages. The size, color, lettering and location of all signs will be
subject to approval and attention shall be paid to international signs.
(iii) The Contractor shall maintain all signs placed by him as well as those
placed by the Employer.
(iv) If the Project Managerconsiders that the system of signs provided by the
Contractor is inadequate to ensure safety, or unsatisfactory in other
respects, the Contractor shall add to, amend, or otherwise change the
system to the satisfaction of the Project Manager.
(v) The Contractor shall at his own cost make suitable replacement as
directed by the Project Managerin case of loss or damage to any signs
provided by the Contractor under this Sub-Clause.
(vi) The Contractor shall at his own cost adopt such measures as the Project
Managermay consider reasonable and necessary to minimize nuisance
from dust, noise or other disturbance created while or in carrying out the
Works.
(vii) The Contractor shall at his own cost adopt such measures as the Project
Managermay consider reasonable and necessary to minimize nuisance
from dust, noise or other disturbance created while or in carrying out the
Works.
Separate payment will not be made for complying with the provisions of this
Clause and all costs shall be deemed to be included in the various rates in the
priced Bill of Quantities.
1.15 Fire Prevention:
The Contractor shall provide and maintain adequate fire-fighting equipment and
take adequate fire precaution measures for the safety of all personnel, temporary and
permanent works, and shall take action to prevent damage to or destruction by fire
of trees, shrubs or grasses.The Contractor shall ensure that fire extinguishers of
needed types are duly installed in all sensitive places, such as, stores containing
electrical material and those containing inflammable items and, that his personnel
are given regular training to operate these devices.
Separate payment will not be made for the provision of fire prevention
measures.
1.16 First Aid & Medical Facilities:
General
The Contractor shall in all respects be fully responsible for ensuring necessary first-
aid services to his employees and employees of his subcontractors, including
transport for injured personnel to hospital or other appropriate accommodation as
and when required.
Staff
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Bid no. KADANA DAM
To enable the fulfillment of his obligations under this Clause, the Contractor shall
engage qualified resident first-aid staff and shall arrange for the treatment of
casualties on the Site in first-aid units and for removal.
Separate payment will not be made for first aid and medical facilities provided by
the Contractor for his employees and the employees of his subcontractors. The
facility shall be also available for the use of staff of Project Manager.
Contractor with the help of local medical department should conduct AIDS
awareness Campaign for every six months to bring awareness to the labor employed
by him.
1.17 Protection of Real Estate
The Contractor shall control the movement of his crews and equipment on any right-
of- way, including access routes approved by the Project Managerso as to minimize
damage to crops and property and shall Endeavour to avoid marring the lands. Ruts
and scars shall be obliterated, damage to land shall be corrected and the land shall be
restored as neatly as practicable to its original condition.
The Contractor shall be responsible directly to the Employer for any excessive or
unnecessary damage to crops or lands resulting from the Contractor's operations
whether on lands adjacent to a right-of-way or on approved access roads, and
deductions shall be made from payments due to the Contractor to cover the amount
of such excessive or unnecessary damage as determined by the Project Manager.
No separate payment shall be made to the Contractor for complying with the
stipulations of this Sub-Clause.
1.18 Environmental Protection Works
The Environment is defined as meaning the surrounding area, including human and
natural resources, to be affected by the execution and completion of the Works.
The Contractor shall take all precautions for safeguarding the environment during
the construction of the Works. He shall abide by all prevailing laws, rules and
regulations governing pollution and environmental protection.
The Contractor shall prohibit employees from unauthorized use of explosives,

poaching wildlife and cutting trees. The Contractor shall be responsible for the
action of his employees.

a) Hazardous Materials
The Contractor shall not store hazardous materials near water surfaces. The
Contractor shall provide protective clothing or appliances when it is necessary to use
hazardous substances.
High concentration of airborne dust resulting in deposition and damage to crops and
water resources shall be avoided. The Contractor shall take every precaution to
control excessive noise resulting in disruption to wildlife and human populations.
b) Provision and Maintenance of Stores, and Equipment
Space allocated for storage of materials such as cement, gabion wire, reinforcing
wire etc. shall in general be damp-free, rainproof and away from petroleum products
storage.
Written information must be given to, and approval be taken from, the Project
Managerregarding the proper establishment and maintenance of such stores. Failure
to comply with the Project Manager's instruction in respect of overall standards will
lead to the reduction or withholding of payment.
c) Sanitation
The Contractor is to arrange for a high standard of sanitation to be maintained
throughout his offices, stores, and warehouse, and the Works. Sanitary conveniences
for the use of persons employed in the works shall be provided and maintained by
the Contractor in accordance with the appropriate laws and regulations in force in
India to the extent and in such a manner and at such places as may be approved by
the Project Manager, and all persons connected with the works shall be obliged to
use them
d) Reinstatement of Environment
The Contractor shall arrange and execute works as well as related activities in such a
way that environmental conditions are reinstated. He may be required to carry out
filling, removal and disposal works, along with planting of grass and trees at
identified locations to reinstate environment as directed by the Project Manager.
1.19 ENVIRONMENT-General
The role of Contractor is very important to ensure that the environmental and social
risks and impacts for implementation of the construction works are minimized, and
that all aspects of the Environmental and Social Management Plan (ESMP) are
implemented as published on borrower’s website. The activities would be carried
out in Consultation with Project Manager under the guidance of Environmental and
Social Experts to look after the implementation of ESMP in all the Packages.
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Bid no. KADANA DAM
PRE-CONSTRUCTION/EARLY CONSTRUCTION PERIOD ACTIVITIES
The following environmental related activities are to be implemented during the pre-
construction/construction (early part) periods:
1. Contractor, in consultation with Project Manager, shall identify the resource

requirement including water and power for work items as per the guidelines
provided in Resources Conservation Plan.
2. Contractor shall submit the required documents confirming compliance to
Labour Management Procedure.
3. Contractor, in consultation with Project Manager, shall identify the location
of labour camp and make adequate arrangement of water and power supply,
waste collection and disposal from the camp.
4. Contractor shall make adequate security arrangement at Labour camp to
ensure compliance with GBV/SEAH risks mitigation plan.
5. Contractor shall identify the suitable government approved borrow area(s)
with valid environment clearance and submit the details to Project Manager.
6. Contractor shall identify the muck/debris disposal area as per the guidelines
provided in ESMP and get approval of Project Manager.
7. Contractor, in consultation with Project Manager, shall identify the quantum
and type of waste generation from other activities such as electromechanical
work, paint work, etc. and categorize them as hazardous and non-hazardous
waste and shall identify authorized waste collectors accordingly.
8. Contractor shall train, all the staff and labour, for their code of conduct,
environment and safety procedures to be followed and other compliance
requirements and submit the record to Project Manager.
9. Contractor shall make aware, all the staff and labour, about the presence of
Grievance Redressal Mechanism (GRM) and procedure to be followed and
submit the record to Project Manager.
10. Contractor shall ensure that all the vehicles used for the project have valid
fitness certificates and valid PUC (Pollution UnderControl) certificates.
11. Contract shall create a “sense” of environmental/safety awareness within all
construction activities for all personnel to be employed by constant referral
to environmental requirements, implications, and responsibilities.
12. Contractor shall ensure compliance with all the requirement as per ESMP
and submit its compliance strategy in the form of C-ESMP.
a) Environmental Safety
As mentioned in the specification in Section under safety
b) Monitoring of Contractor's Facilities, Plant and Equipment
All issues related to negative environmental impacts of the Contractor's Facilities,

Plant and equipment are to be controlled through:
• The Contractor's self-imposed Quality Assurance Plan

• Regular/periodicinspection of the Contractors Plant and Equipment and

producing Fitness and Pollution Under Control certificates time to time.
1.20 Construction Materials
The standard and specification of different construction Materials are given in detail
in respective Sections of this specification. The contractor shall procure construction
materials in confirmation to the required specification.
1.21 Setting Out of Work
i. Before starting any work and during execution (if required), the contractor shall
erect reference Benchmarks, reference lines and check profiles at convenient
locations as per the direction of the Project Manager. The centre line of the dam
and the reference line for all alignments for demarcation purpose shall be laid by
dug belling on the ground. The reference line shall comprise the base line
properly dug belled on the ground with the numbered concrete / masonry R. D.
pillars suitably spaced.
ii. The zones of full cutting section, full filling section, partial cutting and filling
sections shall be separated by conspicuous demarcation in the field
The curves stipulated in construction drawings shall be carefully laid in the field
by adopting approved method of curve layout. The curve shall be marked on the
ground by fixing pegs at very close intervals and joining the peg-point by dug-
belling to a suitable depth.
The locations of different structures indicated in construction drawing shall also

be clearly marked on the ground along the alignment of the dam. The control
structure locations of off- taking dams shall also be clearly demarcated, so that
unnecessary excavation or filling at these locations can be avoided.
The spoil dumping zones shall clearly be demarcated in the field. These zones
should be at least 2 m. beyond the location of catch water drains.
iii. To ensure accuracy in execution of cutting, the dam embankment, spoil banks
and the structures, their layout shall be given in an appropriate manner with pegs
and pillars, suitably placed in relation to outer dimensions of these elements.
iv. All materials and labor for setting out works mentioned in paragraph (i) to
paragraph (iii), as may be required at the various stages of the construction,
shall be supplied by the Contractor at his own cost. The cost of such works
shall be deemed to have been included in the cost of the items in BOQ.
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Bid no. KADANA DAM
2. QUALITY CONTROL MEASURES &FREQUENCY OF TESTING

2.1. General
(i) For all field test contractor shall established a fully equipped field laboratory
at site at his own cost with all testing equipment,laboratory personnel as
desired by Project Managerfor smooth working of quality control lab. The
Contractor will maintain the record of testing.
(ii) Also, the contractor will provide all necessary laboratory personnel labor,
tools, equipment etc for observing the testing of material and other as and
when demand at site at his own level.
(iii) Any test / periodically test which are being conducted time to time outside
field laboratory will be got conducted by contractor at his own cost, as per
direction of Project Managerfrom recognized laboratory.
(iv) The quality control manual and relevant IS Code shall be basis of conducting
all such tests.
(iv) The sample of each specimen shall be preserved under the sealed cover duly
signed by the site Engineer and Authorized representative of contractor. The
sample shall be preserved and deposited in the office of the executive wing by
the Contractor.
(vi) The contractor shall have to exercise quality control measures and frequency
of testing as defined in the specification.
(i) The Quality control of the department and relevant specification and IS Code
shall be basis for testing of materials, Civil work and required testing after
completion of the work in case of any discrepancy relevant IS Code shall be
final.
The actual frequencies shall be determined by the Project Managerto suit the nature
and variability of material placed and the rate of fill placement with the objective of
ensuring best quality control and quality construction.
2.2. Quality Control Measures”
A Central Quality Control Laboratory and field labs with requisite equipments as
per requirement satisfactory to the Project Manager, to be established by the
contractor at convenient location as per direction of Engineer-in charge, along with
the required number of mobile testing units with requisite testing equipment relevant
to the tests required to be performed in the Package. vehicles and personnel
regarding testing of material and other test concerning with specification of work,
shall be arranged by the bidder. Tests which cannot be conducted at central
laboratory will have to be got done at ID&R Raipur or at such other laboratory of
repute as directed by Project Manager by the bidder at his own cost. No separate
payment will be made to the bidder on this account by the Department.

O.K. cards shall have to be maintained by contractor for each major activity
specified in bid document, bidder shall get it issued from Project Manager. The O.K.
cards contain important entries/ information during execution of work at all stages
and liable to be referred/ perused at a later stage also.
The O.K. card is condensed form of specifications and essential requirement for
achieving specified workmanship and quality level of output. Each work is sub
divided into various construction activities in proper sequence/order methodology
for construction of work.
Besides the location and type of work, the first column of O.K. card is to be filled by
the construction agency (Contractor) by preparing each feature and making it ready
for inspection by project construction engineer who okay through his signatures and
then puts up to Q.C. engineer for his final O.K. If. Q.C. Engineer is not available at
site then O.K. given by construction engineer will be treated as final if anything
otherwise is not observed. If anything, otherwise be found, the O.K. card shall not
be signed by him and ask the construction engineer/Agency for necessary
rectification before starting the work.
Subsequently, O.K. card should refer to defects removed, if pointed out previously
in O.K. card and counter reference to the previous check and should be singed of
Okayed.
The O.K. cards shall be maintained in triplicate in three colors. After processing
through various levels and entering observations and rectification. O.K. card will be
closed at the time of taking measurement for releasing payment to the contractor.
Confirmation regarding rectification of defects be obtained from Q.C. unit before
making payment once in three bills and final bill of contractor.
Specimen of O.K. cards for various work such as embankment, concrete masonry
etc. have been enclosed herewith. However, O.K. cards other then above if found
necessary during course of execution will be prescribe in consultation with Q.C. unit
of W.R. Department. Shall have to be maintained by the contractor.
Note: All expenditure towards testing before commencement of work, doing work
and after completion to test finished section shall have to be borne by bidder. The
expenditure towards laboratory testing, transportation of samples, vehicles requires
for supervision of work etc. shall have to be borne by bidder. The bidder should
quote his rate accordingly. Separate payment for their activity shall not be payable.
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Bid no. KADANA DAM
● Raw material system

All the materials of the ● Stock storage system
rockfall are purchased When the products are packaged, they will
from large factories, which be delivered into the warehouse. Our
has mill certificate and test warehouse are clean and dry, which can
report. Before the protect the products from dust and water.
production, we will test And the warehouse is large for easy and
again to ensure all the fast loading.
materials are qualified.
● Product package system
● Production management system
The rockfall Item can be packaged in bulk,
All the workers are trained
plastic film, pallet and wooden case. The
systematically, including
perfect package can protect the products
operating machine,
from rain or sea water. Besides, it can
hygienic standard and so
resist the impact from external forces.
on. And all our workers are
skilled and experienced to
improve the production
efficiency and the product
precision.
● Quality inspection system
When the products are

completed, they will be
delivered to the inspection
department. The inspection
personnel will test the
products strictly according
to the industrial standard.

2.3. O.K.Card for Quality Control of Works
PLAIN & REINFORCED CEMENT CONCRETE

Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Date:
Location:
Remarks & Dated Signature of Remarks

Remarks Construction Staff & Dated
Description of & Dated Signature
activities Signatur Superv of Q.C/.
JEN AEN
e isor inspection
Engineer
MATERIAL
SUITABILITY
1.Cement
2.Bitumen
3.Aggregate 20 mm
4.Sand
5.Water
6.Steel
OK FOR
MATERIALS
Form work &
Centering
(i)Tightness,
Stability,
Smoothness
(ii) Cleaning,
oiling, Perfectness
of form work
(iii)R.L. of
Centering/lift and
its alignment
(iv)Checking of
reinforcement
OK FOR
PLACEMENT
1.Design mix.
measurement
Page | 163
Bid no. KADANA DAM
Remarks & Dated Signature of Remarks

Remarks Construction Staff & Dated
Description of & Dated Signature
activities Signatur Superv of Q.C/.
JEN AEN
e isor inspection
Engineer
2.Mixing/Consisten
cy
3.Slump
4.Compaction of
concrete
5.Joints
6.Finishing
7.Casting of cubes
8.Curing
9.Compressive
strength 28 days
FINAL O. K
Note: Before pouring of concrete the reinforcement should be checked by Q.C. Unit
working stand by vibrator &mixer should be kept at site before start of concreting.

LOAD REGISTER
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Date:
Location:
S
S Agg Ag S
. Ce
a g Wa AEA / i
men 10m Remarks
n 20 ter Other g
N t m
d mm .
o
Page | 165
Bid no. KADANA DAM
SIEVE ANALYSIS COARSE AGGREGATE
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Date:
Location:
Source-------------------------- Sample No.---------------

--
Note: Specimen of course aggregate form query & form site shall be preserved as per
instruction of site in charge/ Project Manager.

F.M. TESTING FINE AGGREGATE
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Date:
Location:
Source-------------------------- Sample No.---------------

-----
S Sieve Size 4. 2. 1. 6 3 1 7 P T
. 75 36 18 0 0 5 5 a ot
N 0 0 0 n al
o
.
1 Weight
. Retained
2 Cumulative
. Wt.
Retained
3 Cumulative
. % Retained
4 Cumulative
. % weight
Passing
% O/S % SILT F.M ------------ =
100
Note: Specimen of fine aggregate form query & form site shall be preserved as per
instruction of site in charge/ Project Manager.
Page | 167
Bid no. KADANA DAM
MATERIAL REGISTER
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Date -----------------
Location : ---------------------------------------------------------------------
O
p
e V
Sig
n Bill eh Cl
Si nat
i No. icl os
S g. ure Signa R
D n R.R e in
. Is of of ture e
a g Rec .No N g
N su A Pro of m
t B eipt . o. B
o e ge ject offic ar
e a Bat & al
. nc Ma er ks
l ch T an
y nag
a No. yp ce
er
n e
c
e

Page | 169
Bid no. KADANA DAM
CUBE CASTING & TESTING REGISTER
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
D Locati
Compres
a on of
sive
t Sampl D
Strength
e S e W at
p / ed
B R Ma 7 28 Sig.
S o e C S ini
l L rk d da of
. f ci Prop l tia
o on a ys Site
N m ortio R u l
c the y in-
o c e n a m of
k Cu s cha
. a n t p Q
be rge
s n i C
t o. R o un
i D it
n
g
1 2 3 4 5 6 7 8 9 1 11 12 13
0

Note:
1. Three specimens shall be tested after 7 days and three after 28 days as per
frequency specified in specification.
2. One specimen from each sample shall be preserved duly signed by bidder for
his authorized representative &Project Manageror his authorized
representative duly marked with date.
Page | 171
Bid no. KADANA DAM
INSPECTION REGISTER
(for Departmental Officer’s)
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Name and Complian

S. Remark of Name and
Designation of Dat ce by
No Inspecting designatio
Inspecting e execution
. Officer n of officer
Officer Units

INSTRUCTION/INSPECTION REGISTER
(for Contractor)
Name of Division: -
Name of work:
Agreement No.
Name of Agency:
Dated
initial of
Name
bidder of Signat
S Remark and
is ure of
. of Designat D Complian Dated
authorize accepti
N Depart ion of at ce made initial of
representa ng
o ment Depart e by bidder bidder
tive as a officer
. Officers ment
token of s
Officer
acceptanc
e
Page | 173
Bid no. KADANA DAM
Item Wise Specifications
Item No.1 : Rockfall Protection up to 10 m Height

This item includes:
1. Scaling of loose rock including stacking of boulder at bottom of slope and disposal at
dumping place within 1 km from the site as directed, including all equipment, labor,
etc., complete for finished item of work and as directed by Engineer -In -Charge.
This work includes clearing and scaling down all loose rock pieces / boulders / debris,
dangerous rock hangs if any and other such material on the rock slope surface as
directed by Engineer-in- Charge, including necessary safety measures taken for
protection of life and property of human being who are working on the job and also
moving traffic / pedestrians on the road from rolling boulders debris.
The item also includes taking down the loosed material from hill slope side physically
using manpower and or necessary machinery and safely landing the same on the road
surface without causing any damage to the road surface or road property.
The item also includes loading and unloading, transportation of removed material and
disposing off safely including all lifts and leads as directed by Engineer-in-Charge.
Contractor should submit an action plan for loose scaling operation including the areas
identified for loose scaling, method that shall be adopted and safety and precautionary
measures.
2. Removal of vegetation, bushes, shrubs in lower and upper sections including stacking
of useful material, disposing of material from hill slope with all leads and lifts as
directed by Engineer - In - Charge.
This item consists of cutting, removing and disposing of all materials such as trees,
bushes, shrubs, stumps, roots, grass, weeds, rubbish, top organic soil, etc., to an
average depth of 150 mm in thickness, which in the opinion of the Engineer are
unsuitable for incorporation in the works, from the area of top of the slope and the slope
area and such other areas as may be specified on the drawings or by the Engineer. It
shall include necessary excavation, backfilling of pits resulting from uprooting of trees
and stumps to required compaction, handling, salvaging, and disposal of cleared
materials with all leads and lifts. Clearing and grubbing shall be performed in advance of
earthwork operations as per the instruction of Engineer-in-Charge.
Methods, Tools and Equipment
Only such methods, tools and equipment as are approved by the Engineer and which
will not affect the property to be preserved shall be adopted for the Work. If the area has

thick vegetation/roots/trees, a crawler or pneumatic tyred dozer of adequate capacity

may be used for clearance purposes. The dozer shall have ripper attachments for
removal of tree stumps.
Also, all vegetation such as roots, under-growth, grass and other deleterious matter
unsuitable for incorporation in the embankment/subgrade shall be removed between fill
lines to the satisfaction of the Engineer-in-Charge.
All excavations below the general ground level arising out of the removal of trees,
stumps, etc., shall be filled with suitable material and compacted thoroughly so as to
make the surface at these points conform to the surrounding area.
Ant-hills both above and below the ground, as are liable to collapse and obstruct free
subsoil water flow shall be removed and their workings, which may extend to several
metres, shall be suitably treated.
Disposal of Materials
All materials arising from clearing and grubbing operations shall be taken over and
disposed of by the Contractor with all leads and lifts. The disposal shall be in
accordance with local, State and Central regulations.
3. Removal of hard rock / boulders by blasting or other means, including removing the
blasted material up to a distance of 500 metres and lifts of 5m, stacking and
spreading, etc. complete as directed by Engineer-in-charge.
This item includes removing large dangerous boulder over the slope and overhangs at
the edge of the top of the slopes having potential to roll down and other such material on
top of the slope as directed by Engineer-in-Charge, including necessary safety
measures for protection of life and property of human being who are working on the job
and also moving traffic / pedestrians on the road from rolling boulders debris.
The item also includes taking down the material from top hill side physically using
manpower and or necessary machinery and safety landing the same on the road
surface without causing any damage to the road surface or road property.
The item also includes loading and unloading, transportation of removed material and
disposing off safely including all lifts and leads as directed by Engineer-in-Charge.
Contractor should submit an action plan for loose scaling operation including the areas
identified for loose scaling, method that shall be adopted and safety and precautionary
measures.
4. Providing and spreading 5 m long hangs consisting of rope of 14 millimeter and

grade 1,770 N/Sq.mm to connect the top anchors with the top rope on the ISI marked
& CE marked mesh comprising of double twisted Hexagonal shaped mechanically
woven wire mesh with all other accessories all other material required as per
technical specifications
and as directed by Engineer -in -charge.
Page | 175
Bid no. KADANA DAM
This work shall consist of providing and spreading 5 m long hangs consisting of
rope of 14 millimeter and grade 1,770 N/Sq.mm to connect the top anchors with
the top rope on the ISI marked & CE marked mesh comprising of double twisted
Hexagonal shaped mechanically woven wire mesh with all other accessories all
other material required. The rolls of mechanically woven double twist hexagonal
wire mesh should be rolled down the surface from Top anchoring system as per
the contract drawings. The top wire rope needs to be secured in position through
the top anchors. An overlap of 1m at the top and an overlap of 0.5m at the bottom
of the slope need to be ensured.
5. Providing and spreading of ISI marked & CE marked mesh comprising of double
twisted Hexagonal shaped mechanically woven wire mesh as per IS 16014 : 2018, of
type -8 x 10 made of wire dia. 3.0 mm heavily Zn + Al coated, top support rope,
bottom support rope, edge rope and additional diagonal rope of 12 millimeter and
grade 1,770 N/Sq.mm, lacing wire, with all other accessories including safety, with all
other accessories all other material required to fix the steel wire mesh in place as per
technical specifications and as directed by Engineer -in -charge.
5.1 Scope:
This work shall consist of furnishing, assembling, and fixing mechanically woven double
twist hexagonal wire mesh and 12mm wire rope for edge / top / diagonal as specified in
the contract to the dimensions, lines and grades shown on the plans, or as determined
by the engineer.
Netting system once installed shall also act as a safety net for workers, protecting them
from any rock fragments detaching from the parent rock while installation of bolting
system is in progress.
5.2 Materials
5.2.1 Mechanically woven double twist mesh as Rock fall net:
These specifications are mainly in accordance with Indian Standards IS 16014 and
cover the use of double twist wire mesh rockfall net for surficial Rock fall protection
including the scope of furnishing and constructing as per the special provisions in these
specifications, instructions from the manufacturer of the Rock fall protection system and
as directed by the Engineer - In - Charge.
5.2.2 General Requirements
Metal Wire Mesh product comprised doubled twisted hexagonally woven hot dipped
galvanized mild steel wire of diameter not less than 3.0 mm having minimum tensile
strength 350 N/mm² confirming to IS:280 and or EN 10223-3. The Zinc + 10%
Aluminium Galvanization shall be heavy coating for soft condition confirming to IS: 4826
and or EN 10244-2. The mesh shall be of type 8 x 10 cm for rockfall netting as per IS
16014: 2018 and EN-10223. Mesh shall only be doubled twisted at each intersection, in
such a manner that unravelling is prevented.
The manufacturer of the rockfall netting should have a valid ISI marking and CE marking
for the product to be supplied. Only indigenously manufactured rock fall netting would be

allowed. A plant visit by the Engineer’s representative to verify the manufacturer’s

quality control procedures and witness testing of products is also required prior to the
dispatch of material.
5.2.3 Transportation, Storage and Handling
Rock fall netting shall deliver at site in the form of rolls. All rolls shall have a label or tag
specifying name of the product, name of the manufacturer, quantity of boxes, date of
manufacture and box dimension.
Material shall be protected from mud, dirt, debris, any other harmful substances or
mechanical damage during transportation.
Netting rolls shall be stored in a secured area sufficiently elevated above the ground and
adequately covered to protect them from the following: site construction damage,
precipitation, prolonged exposure like chemicals that are strong acids or strong bases,
flames including welding sparks, high temperatures, and any other environmental
conditions that may damage the physical property values of the nettings.
Any material, which is damaged during transportation, handling or storage and do not
meet the minimum requirements of the specifications is liable for rejection by the
Engineer-in-Charge.
5.2.4 Quality Control & testing
The quality management system of the rockfall netting manufacturer shall conform to
the requirements of ISO 9001:2005 and in-house Laboratory should have well equipped
and product having IS & CE mark.
Manufacturer shall issue a test report stating minimum average values of material
properties, at the time of shipment is made.
Manufacturer shall have in-house PVC manufacturing, coating and testing facilities as
per IS:4826/EN 10245-2 of specific gravity, hardness, tensile strength and elongation.
The contractor shall have to give a certificate / (MOU) from the manufacturer regarding
design support, vetting of design, supply sufficient quantity of double twisted wire mesh
and technical assistance during Execution to the contractor for this project.
Supplied material shall witness at manufacturer’s well-equipped laboratory by collecting

sample from the Site to conduct joint tests with the EiC, manufacturer and Contractor’s
officials.
Contractor shall furnish proof of all above and it is mandatory.
5.2.5 Material – Rock fall Netting Physical and Mechanical Properties

The Physical and Mechanical properties of RockFall Netting shall conform as per below:
MESH TYPE ‘D’ NOMINAL SIZE TOLERANC

(cm) (mm) ES
8 X 10 80 +16% to -4%
The double twist hexagonal wire mesh shall be mechanically pre-
fabricated to become a uniform hexagonal woven wire mesh wherein
joints are formed by twisting each pair of wires through two half turns
commonly known as double twisted, in such a manner that
unravelling is prevented.
Page | 177
Bid no. KADANA DAM
Fig. RockFall Netting ‘D’ (mm) = 80 mm

(EN
10223-3 / ASTM A
975)
Specification of material used to manufacture mechanically woven double twisted hexagonal

mesh is as under: -
Wire used for Rock fall Netting: The wire used formechanically woven double twisted mesh
shall confirm to Table below
WIRE TYPE ZINC + 10% Aluminium

COATED
Mesh Wire Dia., mm 3.00
Edge/Selvedge Wire Dia., mm 3.90
Lacing Wire Dia., mm 2.20
Permitted Tolerances on Galvanized Steel Wire Diameters:
NOMINAL DIAMETER OF PERMITTED

GALVANIZED TOLERANCES (±) ON
WIRE, mm WIRE DIAMETERS, mm
2.20 + 0.06
3.00 + 0.08
3.90 + 0.10
Mass of Zinc Coating: The coating weight shall conform to the requirements of IS:4826
heavily coated and soft type.
NOMINAL DIAMETER MASS OF ZINC COATING

OF g/m²
GALVANIZED WIRE,
mm
2.70 245
3.40 265
2.20 230

The zinc coating shall remain adherent to the steel wire and conform to IS:4826 such that zinc
coating does not flake off, nor crack to such an extent that there is possibility of removing any
zinc by rubbing with bare fingers, the use of finger nails being not allowed.
5.3 TERMINALOGY
5.3.2 Top / Edge / Bottom / Diagonal Rope: General
5.3.2.1 It is a steel rope cable consists of a group of strands laid helically around a
core. The strands of a wire rope, or cable, consist of several individual wires laid
around a central wire.
5.3.2.2 It is widely used in secured drapery systems - to form an armoured mesh

that is then fixed along the slope with anchors. The cables to be used with meshes
along the slopes are ropes with steel core.
5.3.2.3 These ropes offer a good resistance in terms of breaking load, together
with flexibility and easiness of installation, due to their lower weight.
5.3.3 Material Specifications: Top / Edge / Bottom / Diagonal Rope
5.3.3.1 All the ropes shall be of grade 1,770 N/mm2 as per IS-2266.
5.3.3.2 Should be Class A Zinc coated as per UNI EN 10264-2.
5.3.3.3 Standard coil length should be 100m
5.3.4 Material Properties: Top / Edge / Bottom / Diagonal Rope
The rope shall conform to the material properties mentioned in the table below: -
Table No 1
Characteristic Data
Nominal Rope Wire Rope Grade

Rope Construction
Diameter (N/mm2) Type
Φ
12 mm 1,770 6 x 19
5.3.5 Testing criteria: Top / Edge / Bottom / Diagonal Rope
The manufacturer/supplier shall provide Manufacturers Test Certificate / Certificate of

Conformity for the material with every lot/shipment. The Manufacturers TestCertificate /
Certificate of Conformity shall be provided for certifying that system confirms to all the
technical specifications.
5.4 Installation Method: Mechanically Woven Mesh with Top/Edge/Bottom Rope

The installation will consist of the following: -
a. The rolls of mechanically woven double twist hexagonal wire mesh should be rolled
down the surface from Top anchoring system as per the contract drawings. The top
Page | 179
Bid no. KADANA DAM
wire rope needs to be secured in position through the top anchors. An overlap of
1m at the top and an overlap of 0.5m at the bottom of the slope needs to be
ensured.
b. New mesh Roll shall be placed side by side of adjacent roll in the same manner
such that edge wire of both the rolls can be laced together by hand.
c. Lacing of adjacent tolls of the hexagonal double twist mesh shall commence by
twisting end of the lacing wire tightly the two selvedges. It shall then pass round
the two edges being joined using alternate single and double loops at
approximately 100mm intervals. The lacing wire shall be securely tied off at the
bottom of the roll.
d. The bottom anchoring and surficial anchoring shall be done as per the contract
drawings and instruction of the Engineer-in-Charge.
e. Then the edge wire and the diagonal wire should be woven as per the contract
drawings and instruction of the Engineer-in-Charge.
Fig.: Photo showing the net, edge rope, and diagonal rope.
f. After installation of the complete system, the same needs to be checked for any
damages to the mesh while placing the anchors and subsequent plates over the
anchors. Damages if any needs to be rectified by providing an additional mesh with
overlaps of 1m over the damage and duly laced as per the lacing procedure
described above.

6. Drilling 75 mm diameter bore hole at all heights on the slope face to depth of 1m,
providing and fixing Fe500 RE bars of 25 millimeter diameter, yield load more than
500 N/Sq.mm, hexagonal nut, epoxy coated washer plate of size 100 mm x 100mm x
8mm, and full length grouting with admixture including all ancillary material, staging
etc. complete and as directed by Engineer-in-charge.
6.1 General
The rock bolts shall be designed and arranged in order to stabilize the fractured or
jointed rock mass to induce homogeneity in the behaviour. The rock bolts shall have the
required grip length in rock. The grout shall have characteristic strength of 0.2 kN/m2.
The rock bolts, nuts, bearing plates shall be galvanized / epoxy coated. Diameter of rock
bolt shall be 25 mm. The rock bolt shall be made of Fe 500 grade steel of yield load
more than 500 N/mm2 as per IS: 1786. The top end of bolt shall be threaded for length
of 200mm. For convenience of installation, appropriate arrangement (coupler) shall be
made to connect two smaller lengths of rock bolts to achieve the required length.
Fig.: Photo showing the top threading of anchor.
6.2 Installation guideline
a. 75 mm diameter hole having required depth at a minimum upward angle of ten

degrees to horizontal shall be drilled at specified spacing in horizontal and vertical
directions. Any higher / lesser length or spacing of bolting shall be carried out as
per site condition and as directed by engineer-in-charge.
Page | 181
Bid no. KADANA DAM
b. Drilled holes shall be filled with cement slurry having water/cement ratio 0.5 with
admixture. The grouting shall be commenced from the base of drill hole and
subsequently raised.
Fig.: Drawing of Surface & Bottom Anchor and accessories.
c. The grout shall be placed under gravity in the drilled hole.
d. 25mm diameter steel rock bolts shall be inserted inside the hole.
e. The galvanized / epoxy coated MS base plates of size 200mm x 200mm x 10 mm

shall be placed at rock interface for tightening the nuts.
f. The front end of the grout hole shall be sealed with cement mortar after insertion
of rock bolt.
Following equipment’s shall be deployed at the Site:

1) Grout agitator
2) Compressor - 600CFM
3) Drilling equipment percussion type (DTH)
Expansive plasticizing agent for cement, grouts and mortars shall be used, typical brand
name DR. FIXIT PIDICRETE AM is a shrinkage compensating grout admixture for
pressure grouting.
7. Drilling 75mm diameter bore hole on top of the slope to depth of 1.5m, providing
and fixing Fe500 RE bars of 32 millimeter diameter, yield load more than 500
N/Sq.mm, hexagonal nut, epoxy coated washer plate of size 100 mm x 100mm x
10mm, and full length grouting with admixture including all ancillary material,
staging etc. complete and as directed by Engineer-in-charge.
7.1 General
The rock bolts shall be designed and arranged in order to provide a top anchoring for
the rockfall net. These rock bolts are to take the load of any movement in the rock over
the surface. The rock bolts have been designed to be of length 3,000 millimetres and
spaced at every2,000 millimetrescentre to centre at the top of the slope. The rock bolts,
nuts, bearing plates shall be galvanized / epoxy coated. Diameter of rock bolt shall be
32 mm. The rock bolt shall be made of Fe 500 grade steel of yield load more than 500
N/mm2 as per IS: 1786. The top end of bolt shall be threaded for length of 200mm.
Before taking up loose scaling, it may be required to carry out top bolting to help in
providing required support for the safety ropes for the climbers.
The locations of all the top bolts shall be clearly identified and marked on the ground
and approved by representative of Engineer - in - charge.
7.2 Mode of measurement and payment
The measuremwnt and payment shall be made on the basis of Sq.mt of comleted
finished work.
Item No.2: Rockfall Protection up to 27 m Height.
The specification of this item shall be same as item number 1 above except
work shall be done upto 27 m height.
Mode of measurement and payment
Page | 183
Bid no. KADANA DAM
The measuremwnt and payment shall be made on the basis of Sq.mt of comleted
finished work.
7.2 Installation guideline
a. 75 mm diameter hole having minimum depth of 3,000 millimetre shall be drilled at

2,000 millimetres centre to centre spacing in horizontal directions. Anymore/lesser
length or spacing of bolting shall be carried out as per site condition and as
directed by engineer-in- charge.
b. Drilled holes shall be filled with Cement slurry having water/cement ratio 0.5 with
admixture. The grouting shall be commenced from the base of drill hole and
subsequently raised.
c. The grout shall be placed under gravity in the drilled hole.
d. 32mm diameter steel rock bolts shall be lowered inside the hole.
e. The MS base plates of size 250mm x 250mm x 12 mm shall be placed at rock

interface for tightening the nuts.

Fig.: Drawing of Top Anchor and accessories.
f. The front end of the grout hole shall be sealed cement mortar after insertion of
rock bolt.
Following equipment’s deployed on site
1) Grout agitator
2) Compressor - 600CFM
3) Drilling equipment percussion type (DTH)
Expansive plasticizing agent for cement, grouts and mortars shall be used, typical brand
name DR. FIXIT PIDICRETE AM is a shrinkage compensating grout admixture for
pressure grouting.
Page | 185
National Competetive Bidding
NWRWS&KD
Bid no. KADANA

DAM
- :SCHEDULE FOR TESTING OF MATERIALS :-
For ensuring quality control and workmanship Various tests prescribed below for materials
shall be taken at periodical intervals as stipulated below. The materials shall be got tested
at Government recognized Laboratory (R&B) or field Laboratory of GERI (R&B) for
which 1% of the estimated amount put to tender shall be recovered from the contractor
from the RA bills and final bills and the testing charges shall be paid to the GERI by the
Government. However if the charges increase over 1% no excess recovery shall be made
from the contractor as per resolution of B & C department dated 10th May 1985 vide
TNC/ 1085/ (4)/ S
It. No. Brief Qty of Prescription of Frequency at which test Total

as per description material test which shall shall be carried out No of
schedule of be carried out test to
"B" materials be
to be taken.
tested
1] Coarse - Gradation test 1 to 100 cm 1

Aggregate test
- Impact value 100 to 500 cm 3

test
- Flakiness and 500 to 1500 cm 5

elongation test
1500 to 5000 cm 7
test
Minimum 1 test/
work
2] Grit - Stripping As above

value
3] Granular - Gradation As above

materials
- Atterbeg
limits
4] Murrum - P I Value One test per 50 cum.
5] Sand/ - Silt content One test per work/ season

quarry
- Gradation One test per 200 cmt.
spall
- CBR test One test per work
2 Ductility
test as per
IS 1208
3 Specific
gravity test
as per IS
1202
4 Softening
point test as
per IS 1204
5 Viscosity
test as per
IS 1206
6] Cement - Consistency Up to 50 MT 1
test
- Setting time 100 MT
2
- Compressive 200 MT
test
strength
300 MT
3
Page | 187
National Competetive Bidding
NWRWS&KD
Bid no. KADANA

DAM
- Fineness 500 MT test
- Chemical 800 MT 4
analysis test
1300 MT
- Soundness 5
test
6
test
7
test
and 8 test for larger

consignment
7] CC Cubes - Compressive 1 to 5 cms 1

Strength No
(I.S. 519 – 6 to 15 cms 2

1959) No
16 to 20 cms 3
No
21 to 50 cms 4
No
51 and above 4+
1
(For each additional 50 m3

or part thereof)
8] Water - Chemical test Once for approval of

source of supply
9] Steel - Tensile 1 test/ 40 tonnes/ per

Strength category
- Yield Stress
- Elongation
- Size
The Number of tests will be as per Manual of quality control or latest Govt. G.R./Circular
and it will be considered final
The contractor shall have to pay 1% of the estimated cost put to tender towards all testing
of materials and the same shall be deducted from their bills for the works.
Testing charges of GERI shall be borne by Govt. No refund be made nor extra charges
over 1% shall be recoverable from the contractor.
If directed by the Engineer in charge, the materials intended to be used for the work but not
included in the above schedule shall also be got tested at Government recognized
Laboratory or field Laboratory.
Page | 189
Bid no. KADANA DAM
Drawings
1. General Layout Plan

Part 3 : Conditions of Contract & Contract Forms
PART 3 – Conditions of Contract and
Contract Forms
Page | 191
Section IX – Particular Conditions of Contract
Section VIII - General Conditions of Contract
These General Conditions of Contract (GCC), read in conjunction with the Particular
Conditions of Contract (PCC) and other documents listed therein, should be a complete
document expressing fairly the rights and obligations of both parties.
These General Conditions of Contract have been developed on the basis of considerable
international experience in the drafting and management of contracts, bearing in mind a
trend in the construction industry towards simpler, more straightforward language.

General Conditions of Contract
A. General
1. Definitions Boldface type is used to identify defined terms.

(a) The Accepted Contract Amount means the amount
accepted in the Letter of Acceptance for the
execution and completion of the Works and the
remedying of any defects.
(b) The Activity Schedule is a schedule of the activities
comprising the construction, installation, testing, and
commissioning of the Works in a lump-sum contract.
It includes a lump-sum price for each activity, which
is used for valuations and for assessing the effects of
Variations and Compensation Events.
(c) The Adjudicator is the person appointed jointly by
the Employer and the Contractor to resolve disputes
in the first instance, as provided for in GCC 23.
(d) Bank means the financing institution named in the
PCC.
(e) Bill of Quantities means the priced and completed
Bill of Quantities forming part of the Bid.
(f) Compensation Events are those defined in GCC
Clause 46 hereunder.
(g) The Completion Date is the date of completion of
the Works as certified by the Project Manager, in
accordance with GCC Sub-Clause 57.1.
(h) The Contract is the Contract between the Employer
and the Contractor to execute, complete, and
maintain the Works. It consists of the documents
listed in GCC Sub-Clause 2.3 below.
(i) The Contractor is the party whose Bid to carry out
the Works has been accepted by the Employer.
(j) The Contractor’s Bid is the completed bidding
document submitted by the Contractor to the
Employer.
(k) The Contract Price is the Accepted Contract
Amount stated in the Letter of Acceptance and
Page | 193
thereafter as adjusted in accordance with the

Contract.
(l) Days are calendar days; months are calendar months.
(m) Dayworks are varied work inputs subject to payment
on a time basis for the Contractor’s employees and
Equipment, in addition to payments for associated
Materials and Plant.
(n) A Defect is any part of the Works not completed in
accordance with the Contract.
(o) The Defects Liability Certificate is the certificate
issued by Project Manager upon correction of defects
by the Contractor.
(p) The Defects Liability Period is the period named in
the PCC pursuant to GCC Sub-Clause 38.1 and
calculated from the Completion Date.
(q) Drawings means the drawings of the Works, as
included in the Contract, and any additional and
modified drawings issued by (or on behalf of) the
Employer in accordance with the Contract, include
calculations and other information provided or
approved by the Project Manager for the execution
of the Contract.
(r) The Employer is the party who employs the
Contractor to carry out the Works, as specified in
the PCC.
(s) Equipment is the Contractor’s machinery and
vehicles brought temporarily to the Site to construct
the Works.
(t) “In writing” or “written” means hand-written, type-
written, printed or electronically made, and resulting
in a permanent record;
(u) The Initial Contract Price is the Contract Price
listed in the Employer’s Letter of Acceptance.
(v) The Intended Completion Date is the date on which
it is intended that the Contractor shall complete the
Works. The Intended Completion Date is specified
in the PCC. The Intended Completion Date may
be revised only by the Project Manager by issuing an
extension of time or an acceleration order.
(w) Materials are all supplies, including consumables,
used by the Contractor for incorporation in the

Works.
(x) Plant is any integral part of the Works that shall
have a mechanical, electrical, chemical, or biological
function.
(y) The Project Manager is the person named in the
PCC (or any other competent person appointed by
the Employer and notified to the Contractor, to act in
replacement of the Project Manager) who is
responsible for supervising the execution of the
Works and administering the Contract.
(z) PCC means Particular Conditions of Contract.
(aa) The Site is the area defined as such in the PCC.
(bb) Site Investigation Reports are those that were
included in the bidding document and are factual and
interpretative reports about the surface and
subsurface conditions at the Site.
(cc) Specification means the Specification of the Works
included in the Contract and any modification or
addition made or approved by the Project Manager.
(dd) The Start Date is given in the PCC. It is the latest
date when the Contractor shall commence execution
of the Works. It does not necessarily coincide with
any of the Site Possession Dates.
(ee) A Subcontractor is a person or corporate body who
has a Contract with the Contractor to carry out a part
of the work in the Contract, which includes work on
the Site.
(ff) Temporary Works are works designed, constructed,
installed, and removed by the Contractor that are
needed for construction or installation of the Works.
(gg) A Variation is an instruction given by the Project
Manager which varies the Works.
(hh) The Works are what the Contract requires the
Contractor to construct, install, and turn over to the
Employer, as defined in the PCC.
(ii) “Contractor’s Personnel” refers to all personnel
whom the Contractor utilizes on the Site or other
places where the Works are carried out, including the
staff, labor and other employees of each
Subcontractor.
Page | 195
(jj) “Key Personnel” means the positions (if any) of the

Contractor’s personnel that are stated in the
Specification.
(kk) “ES” means Environmental and Social (including
Sexual Exploitation and Abuse (SEA), and Sexual
Harassment (SH)).
(ll) “Sexual Exploitation and Abuse” “(SEA)” means
the following:
Sexual Exploitation is defined as any actual or
attempted abuse of position of vulnerability,
differential power or trust, for sexual purposes,
including, but not limited to, profiting monetarily,
socially or politically from the sexual exploitation of
another;
Sexual Abuse is defined as the actual or threatened
physical intrusion of a sexual nature, whether by force
or under unequal or coercive conditions.
(mm) “Sexual Harassment” “(SH)” is defined as
unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature by the Contractor’s Personnel with
other Contractor’s or Employer’s Personnel; and
(nn) “Employer’s Personnel” refers to the Project
Manager and all other staff, labor and other
employees (if any) of the Project Manager and of the
Employer engaged in fulfilling the Employer’s
obligations under the Contract; and any other
personnel identified as Employer’s Personnel, by a
notice from the Employer or the Project Manager to
the Contractor.
2. Interpretati 2.1 In interpreting these GCC, words indicating one gender

on include all genders. Words indicating the singular also
include the plural and words indicating the plural also
include the singular. Headings have no significance.
Words have their normal meaning under the language of
the Contract unless specifically defined. The Project
Manager shall provide instructions clarifying queries about
these GCC.
2.2 If sectional completion is specified in the PCC, references
in the GCC to the Works, the Completion Date, and the
Intended Completion Date apply to any Section of the

Works (other than references to the Completion Date and

Intended Completion Date for the whole of the Works).
2.3 The documents forming the Contract shall be interpreted in
the following order of priority:
(a) Agreement,
(b) Letter of Acceptance,
(c) Contractor’s Bid,
(d) Particular Conditions of Contract,
(e) General Conditions of Contract, including
Appendices,
(f) Specifications,
(g) Drawings,
(h) Bill of Quantities,25 and
(i) any other document listed in the PCC as forming
part of the Contract.
3. Language 3.1 The language of the Contract and the law governing the
and Law Contract are stated in the PCC.
3.2 Throughout the execution of the Contract, the Contractor
shall comply with the import of goods and services
prohibitions in the Employer’s country when
(a) as a matter of law or official regulations, the Borrower’s
country prohibits commercial relations with that country; or
(b) by an act of compliance with a decision of the United
Nations Security Council taken under Chapter VII of the
Charter of the United Nations, the Borrower’s Country
prohibits any import of goods from that country or any
payments to any country, person, or entity in that country.
4. Project 4.1 Except where otherwise specifically stated, the Project

Manager’s Manager shall decide contractual matters between the
Decisions Employer and the Contractor in the role representing the
Employer.
5. Delegation 5.1 Unless otherwise specified in the PCC, the Project

Manager may delegate any of his duties and responsibilities
to other people, except to the Adjudicator, after notifying
the Contractor, and may revoke any delegation after
25
In lump-sum contracts, delete “Bill of Quantities” and replace with “Activity Schedule.”
Page | 197
notifying the Contractor.
6. Communica 6.1 Communications between parties that are referred to in the

tions Conditions shall be effective only when in writing. A notice
shall be effective only when it is delivered.
7. Subcontract 7.1 The Contractor may subcontract with the approval of the
ing Project Manager, but may not assign the Contract without
the approval of the Employer in writing. Subcontracting
shall not alter the Contractor’s obligations. The Contractor
shall require that its Subcontractors execute the Works in
accordance with the Contract, including complying with the
relevant ES requirements and the obligations set out in Sub-
Clause 28.1.
8. Other 8.1 The Contractor shall cooperate and share the Site with other
Contractors contractors, public authorities, utilities, and the Employer
between the dates given in the Schedule of Other
Contractors, as referred to in the PCC. The Contractor
shall also provide facilities and services for them as
described in the Schedule. The Employer may modify the
Schedule of Other Contractors, and shall notify the
Contractor of any such modification.
8.2 The Contractor shall also, as stated in the Specifications or
as instructed by the Project Manager, cooperate with and
allow appropriate opportunities for the Employer’s or any
other personnel, notified to the Contractor by the Employer
or Project Manager, to conduct any environmental and
social assessment.

9. Personnel 9.1 The Contractor shall employ the Key Personnel and use the
and Equipment identified in its Bid, to carry out the Works or
Equipment other personnel and Equipment approved by the Project
Manager. The Project Manager shall approve any proposed
replacement of Key Personnel and Equipment only if their
relevant qualifications or characteristics are substantially
equal to or better than those proposed in the Bid.
9.2 The Project Manager may require the Contractor to remove
(or cause to be removed) any person employed on the Site
or Works, including the Key Personnel (if any), who:
(a) persists in any misconduct or lack of care;
(b) carries out duties incompetently or negligently;
(c) fails to comply with any provision of the Contract;
(d) persists in any conduct which is prejudicial to safety,
health, or the protection of the environment;
(e) based on reasonable evidence, is determined to have
engaged in Fraud and Corruption during the execution
of the Works;
(f) has been recruited from the Employer’s Personnel;
(g) undertakes behavior which breaches the Code of
Conduct for Contractor’s Personnel (ES).
If appropriate, the Contractor shall then promptly appoint
(or cause to be appointed) a suitable replacement with
equivalent skills and experience.
Notwithstanding any requirement from the Project Manager
to remove or cause to remove any person, the Contractor
shall take immediate action as appropriate in response to
any violation of (a) through (g) above. Such immediate
action shall include removing (or causing to be removed)
from the Site or other places where the Works are being
carried out, any Contractor’s Personnel who engages in (a),
(b), (c), (d), (e) or (g) above or has been recruited as stated
in (f) above.”
9.3 The Contractor shall take all necessary safety measures to
avoid the occurrence of incidents and injuries to any third
party associated with the use of, if any, Equipment on
public roads or other public infrastructure. The Contractor
shall monitor road safety incidents and accidents to identify
negative safety issues, and establish and implement
necessary measures to resolve them.
9.4 Labor
9.4.1 Engagement of Staff and Labor. The Contractor shall
provide and employ on the Site for the executionPage | 199
of the
10. Employer’s 10.1 The Employer carries the risks which this Contract states
and are Employer’s risks, and the Contractor carries the risks
Contractor’ which this Contract states are Contractor’s risks.
s Risks
11. Employer’s 11.1 From the Start Date until the Defects Liability Certificate
Risks has been issued, the following are Employer’s risks:
(a) The risk of personal injury, death, or loss of or
damage to property (excluding the Works, Plant,
Materials, and Equipment), which are due to
(i) use or occupation of the Site by the Works or
for the purpose of the Works, which is the
unavoidable result of the Works or
(ii) negligence, breach of statutory duty, or
interference with any legal right by the
Employer or by any person employed by or
contracted to him except the Contractor.
(b) The risk of damage to the Works, Plant, Materials,
and Equipment to the extent that it is due to a fault of
the Employer or in the Employer’s design, or due to
war or radioactive contamination directly affecting
the country where the Works are to be executed.
11.2 From the Completion Date until the Defects Liability
Certificate has been issued, the risk of loss of or damage to
the Works, Plant, and Materials is an Employer’s risk
except loss or damage due to
(a) a Defect which existed on the Completion Date,
(b) an event occurring before the Completion Date, which
was not itself an Employer’s risk, or
(c) the activities of the Contractor on the Site after the
Completion Date.
12. Contractor’ 12.1 From the Starting Date until the Defects Liability
s Risks Certificate has been issued, the risks of personal injury,
death, and loss of or damage to property (including, without
limitation, the Works, Plant, Materials, and Equipment)
which are not Employer’s risks are Contractor’s risks.
13. Insurance 13.1 The Contractor shall provide, in the joint names of the
Employer and the Contractor, insurance cover from the
Start Date to the end of the Defects Liability Period, in the
amounts and deductibles stated in the PCC for the

following events which are due to the Contractor’s risks:

(a) loss of or damage to the Works, Plant, and Materials;
(b) loss of or damage to Equipment;
(c) loss of or damage to property (except the Works,
Plant, Materials, and Equipment) in connection with
the Contract; and
(d) personal injury or death.
13.2 Policies and certificates for insurance shall be delivered by
the Contractor to the Project Manager for the Project
Manager’s approval before the Start Date. All such
insurance shall provide for compensation to be payable in
the types and proportions of currencies required to rectify
the loss or damage incurred.
13.3 If the Contractor does not provide any of the policies and
certificates required, the Employer may effect the insurance
which the Contractor should have provided and recover the
premiums the Employer has paid from payments otherwise
due to the Contractor or, if no payment is due, the payment
of the premiums shall be a debt due.
13.4 Alterations to the terms of an insurance shall not be made
without the approval of the Project Manager.
13.5 Both parties shall comply with any conditions of the
insurance policies.
14. Site Data 14.1 The Contractor shall be deemed to have examined any Site
Data referred to in the PCC, supplemented by any
information available to the Contractor.
15. Contractor 15.1 The Contractor shall construct and install the Works in
to Construct accordance with the Specifications and Drawings.
the Works 15.2 If the Contract specifies that the Contractor shall design any
part of the permanent Works, the Contractor shall take into
account the Employer’s requirements which may include, if
stated in the Specifications:
(a) designing structural elements of the Works taking
into account climate change considerations;
(b) applying the concept of universal access (the
concept of universal access means unimpeded
access for people of all ages and abilities in
different situations and under various
circumstances; and
Page | 201
(c) considering the incremental risks of the public’s

potential exposure to operational accidents or
natural hazards, including extreme weather events.
16. The Works 16.1 The Contractor may commence execution of the Works on
to Be the Start Date and shall carry out the Works in accordance
Completed with the Program submitted by the Contractor, as updated
by the with the approval of the Project Manager, and complete
Intended them by the Intended Completion Date.
Completion 16.2 The Contractor shall not carry out mobilization to the Site
Date unless the Project Manager gives approval, an approval that
shall not be unreasonably delayed, to the measures the
Contractor proposes to address environmental and social
risks and impacts, which at a minimum shall include
applying the Management Strategies and Implementation
Plans (MSIPs) and Code of Conduct for Contractor’s
Personnel submitted as part of the Bid and agreed as part of
the Contract.
The Contractor shall submit, to the Project Manager for its
approval any additional MSIPs as are necessary to manage
the ES risks and impacts of ongoing Works. These MSIPs
collectively comprise the Contractor’s Environmental and
Social Management Plan (C-ESMP). The Contractor shall
review the C-ESMP, periodically (but not less than every
six (6) months), and update it as required to ensure that it
contains measures appropriate to the Works. The updated
C-ESMP shall be submitted to the Project Manager for its
approval.
17. Approval by 17.1 The Contractor shall submit Specifications and Drawings
the Project showing the proposed Temporary Works to the Project
Manager Manager, for his approval.
17.2 The Contractor shall be responsible for design of
Temporary Works.
17.3 The Project Manager’s approval shall not alter the
Contractor’s responsibility for design of the Temporary
Works.
17.4 The Contractor shall obtain approval of third parties to the
design of the Temporary Works, where required.
17.5 All Drawings prepared by the Contractor for the execution
of the temporary or permanent Works, are subject to prior
approval by the Project Manager before this use.

18. Health, 18.1 The Contractor shall be responsible for the safety of all
Safety and activities on the Site.
Protection 18.2 The Contractor shall:
of the
Environmen (a) comply with all applicable health and safety
t regulations and Laws;
(b) comply with all applicable health and safety
obligations specified in the Contract;
(c) take care for the health and safety of all persons
entitled to be on the Site and other places, if any,
where the Works are being executed;
(d) keep the Site and Works clear of unnecessary
obstruction so as to avoid danger to these persons;
(e) provide fencing, lighting, safe access, guarding and
watching of the Works until the issue of the Contract
Completion Certificate;
(f) provide any Temporary Works (including roadways,
footways, guards and fences) which may be
necessary, because of the execution of the Works, for
the use and protection of the public and of owners and
occupiers of adjacent land;
(g) provide health and safety training of Contractor’s
Personnel as appropriate and maintain training
records;
(h) actively engage the Contractor’s Personnel in
promoting understanding, and methods for,
implementation of health and safety requirements, as
well as in providing information to Contractor’s
Personnel, training on occupational safety and health,
and provision of personal protective equipment
without expense to the Contractor’s Personnel;
(i) put in place workplace processes for Contractor’s
Personnel to report work situations that they believe
are not safe or healthy, and to remove themselves
from a work situation which they have reasonable
justification to believe presents an imminent and
serious danger to their life or health.
(j) Contractor’s Personnel who remove themselves from
such work situations shall not be required to return to
work until necessary remedial action to correct the
situation has been taken. Contractor’s Personnel shall
not be retaliated against or otherwise subject to
Page | 203
reprisal or negative action for such reporting or

removal;
(k) where the Employer’s Personnel, any other
contractors employed by the Employer, and/or
personnel of any legally constituted public authorities
and private utility companies are employed in
carrying out, on or near the site, of any work not
included in the Contract, collaborate in applying the
health and safety requirements, without prejudice to
the responsibility of the relevant entities for the
health and safety of their own personnel; and
(l) establish and implement a system for regular (not less
than six-monthly) review of health and safety
performance and the working environment.
Subject to GCC Sub-Clause 16.2, the Contractor shall
submit to the Project Manager for its approval a health and
safety manual which has been specifically prepared for the
Works, the Site and other places (if any) where the
Contractor intends to execute the Works.
The health and safety manual shall be in addition to any
other similar document required under applicable health
and safety regulations and laws.
The health and safety manual shall set out all the health and
safety requirements under the Contract,
(a) which shall include at a minimum:
(i) the procedures to establish and maintain a safe
working environment without risk to health at all
workplaces, machinery, equipment and processes
under the control of the Contractor, including
control measures for chemical, physical and
biological substances and agents;
(ii) details of the training to be provided, records to
be kept;
(iii) the procedures for prevention, preparedness and
response activities to be implemented in the case
of an emergency event (i.e. an unanticipated
incident, arising from both natural and man-
made hazards, typically in the form of fire,
explosions, leaks or spills, which may occur for
a variety of different reasons including failure to

implement operating procedures that are

designed to prevent their occurrence, extreme
weather or lack of early warning);
(iv) remedies for adverse impacts such as
occupational injuries, deaths, disability and
disease;
(v) the measures to be taken to avoid or minimize
the potential for community exposure to water-
borne, water-based, water-related, and vector-
borne diseases,
(vi) the measures to be implemented to avoid or
minimize the spread of communicable diseases
(including transfer of Sexually Transmitted
Diseases or Infections (STDs), such as HIV
virus) and non-communicable diseases
associated with the execution of the Works,
taking into consideration differentiated exposure
to and higher sensitivity of vulnerable groups.
This includes taking measures to avoid or
minimize the transmission of communicable
diseases that may be associated with the influx
of temporary or permanent Contract-related
labor;
(vii) the policies and procedures on the management
and quality of accommodation and welfare
facilities if such accommodation and welfare
facilities are provided by the Contractor in
accordance with GCC Sub-Clause 9.4.6; and
(b) any other requirements stated in the Specification
18.3 Protection of the environment
The Contractor shall take all necessary measures to:
18.3.1 protect the environment (both on and off the Site); and
18.3.2 limit damage and nuisance to people and property
resulting from pollution, noise and other results of the
Contractor’s operations and/ or activities.
The Contractor shall ensure that emissions, surface
discharges, effluent and any other pollutants from the
Contractor’s activities shall exceed neither the values
indicated in the Specifications, nor those prescribed by
applicable laws.
Page | 205
In the event of damage to the environment, property

and/or nuisance to people, on or off Site as a result of the
Contractor’s operations, the Contractor shall agree with
the Project Manager the appropriate actions and time
scale to remedy, as practicable, the damaged environment
to its former condition. The Contractor shall implement
such remedies at its cost to the satisfaction of the Project
Manager.
19. Archaeologi 19.1 All fossils, coins, articles of value or antiquity, structures,
cal and groups of structures, and other remains or items of
Geological geological, archaeological, paleontological, historical,
Findings architectural or religious interest found on the Site shall be
placed under the care and custody of the Employer. The
Contractor shall:
(a) take all reasonable precautions, including fencing-off
the area or site of the finding, to avoid further
disturbance and prevent Contractor’s Personnel or
other persons from removing or damaging any of
these findings;
(b) train relevant Contractor’s Personnel on appropriate
actions to be taken in the event of such findings; and
(c) implement any other action consistent with the
requirements of the Specifications and relevant laws.
The Contractor shall, as soon as practicable after discovery
of any such finding, notify the Project Manager of such
discoveries and carry out the Project Manager’s instructions
for dealing with them.
20. Possession 20.1 The Employer shall give possession of all parts of the Site
of the Site to the Contractor. If possession of a part is not given by the
date stated in the PCC, the Employer shall be deemed to
have delayed the start of the relevant activities, and this
shall be a Compensation Event.
21. Access to 21.1 The Contractor shall allow the Project Manager and any
the Site person authorized by the Project Manager (including the
Bank staff or consultants acting on the Bank’s behalf,
stakeholders and third parties, such as independent experts,
local communities, or non-governmental organizations),
including to carry out environmental and social audit, as

appropriate,access to the Site and to any place where work

in connection with the Contract is being carried out or is
intended to be carried out.
22. Instructions, 22.1 The Contractor shall carry out all instructions of the Project
Inspections Manager which comply with the applicable laws where the
and Audits Site is located.
22.2 The Contractor shall keep, and shall make all reasonable
efforts to cause its Subcontractors and subconsultants to
keep, accurate and systematic accounts and records in
respect of the Works in such form and details as will clearly
identify relevant time changes and costs.
22.3 Inspections &Audit by the Bank

Pursuant to paragraph 2.2 e. of Appendix A to the GCC-
Fraud and Corruption, the Contractor shall permit and shall
cause its agents (where declared or not), subcontractors,
subconsultants, service providers, suppliers, and personnel,
to permit, the Bank and/or persons appointed by the Bank
to inspect the site and/or the accounts, records and other
documents relating to the procurement process, selection
and/or contract execution, and to have such accounts,
records and other documents audited by auditors appointed
by the Bank. The Contractor’s and its Subcontractors’ and
subconsultants’ attention is drawn to GCC Sub-Clause 25.1
(Fraud and Corruption) which provides, inter alia, that acts
intended to materially impede the exercise of the Bank’s
inspection and audit rights constitute a prohibited practice
subject to contract termination (as well as to a
determination of ineligibility pursuant to the Bank’s
prevailing sanctions procedures).
23. Appointmen 23.1 The Adjudicator shall be appointed jointly by the Employer
t of the and the Contractor, at the time of the Employer’s issuance
Adjudicator of the Letter of Acceptance. If, in the Letter of Acceptance,
the Employer does not agree on the appointment of the
Adjudicator, the Employer will request the Appointing
Authority designated in the PCC, to appoint the
Adjudicator within 14 days of receipt of such request.
23.2 Should the Adjudicator resign or die, or should the
Employer and the Contractor agree that the Adjudicator is
not functioning in accordance with the provisions of the
Page | 207
Contract, a new Adjudicator shall be jointly appointed by

the Employer and the Contractor. In case of disagreement
between the Employer and the Contractor, within 30 days,
the Adjudicator shall be designated by the Appointing
Authority designated in the PCC at the request of either
party, within 14 days of receipt of such request.
24. Procedure 24.1 If the Contractor believes that a decision taken by the
for Disputes Project Manager was either outside the authority given to
the Project Manager by the Contract or that the decision
was wrongly taken, the decision shall be referred to the
Adjudicator within 14 days of the notification of the Project
Manager’s decision.
24.2 The Adjudicator shall give a decision in writing within 28
days of receipt of a notification of a dispute.
24.3 The Adjudicator shall be paid by the hour at the rate
specified in thePCC, together with reimbursable expenses
of the types specified in the PCC, and the cost shall be
divided equally between the Employer and the Contractor,
whatever decision is reached by the Adjudicator. Either
party may refer a decision of the Adjudicator to an
Arbitrator within 28 days of the Adjudicator’s written
decision. If neither party refers the dispute to arbitration
within the above 28 days, the Adjudicator’s decision shall
be final and binding.
24.4 The arbitration shall be conducted in accordance with the
arbitration procedures published by the institution named
and in the place specifiedin the PCC.
25. Fraud and 25.1 The Bank requires compliance with the Bank’s Anti-
Corruption Corruption Guidelines and its prevailing sanctions policies
and procedures as set forth in the WBG’s Sanctions
Framework, as set forth in Appendix A to the GCC.
25.2 The Employer requires the Contractor to disclose any
commissions or fees that may have been paid or are to be
paid to agents or any other party with respect to the bidding
process or execution of the Contract. The information
disclosed must include at least the name and address of the
agent or other party, the amount and currency, and the
purpose of the commission, gratuity or fee.
26. Stakeholder 26.1 The Contractor shall provide relevant contract- related
Engagement information, as the Employer and/or Project Manager may
reasonably request to conduct Stakeholder engagements.

“Stakeholder” refers to individuals or groups who:

(i) are affected or likely to be affected by the Contract;
and
(ii) may have an interest in the Contract.
The Contractor may also directly participate in Stakeholder
engagements, as the Employer and/or Project Manager may
reasonably request
27. Suppliers 27.1 Forced Labor: The Contractor shall take measures to
(other than require its suppliers (other than Subcontractors) not to
Subcontract employ or engage forced labor including trafficked persons
ors) as described in GCC Sub-Clause 9.4.14. If forced
labor/trafficking cases are identified, the Contractor shall
take measures to require the suppliers to take appropriate
steps to remedy them. Where the supplier does not remedy
the situation, the Contractor shall within a reasonable
period substitute the supplier with a supplier that is able to
manage such risks.
27.2 Child Labor: The Contractor shall take measures to require
its suppliers (other than Subcontractors) not to employ or
engage child labor as described in GCC Sub-Clause 9.4.15.
If child labor cases are identified, the Contractor shall take
measures to require the suppliers to take appropriate steps
to remedy them. Where the supplier does not remedy the
situation, the Contractor shall within a reasonable period
substitute the supplier with a supplier that is able to manage
such risks.
27.3 Serious Safety Issues: The Contractor, including its
Subcontractors, shall comply with all applicable safety
obligations, including as stated in GCC Sub-Clause 18.2.
The Contractor shall also take measures to require its
suppliers (other than Subcontractors) to adopt procedures
and mitigation measures adequate to address safety issues
related to their personnel. If serious safety issues are
identified, the Contractor shall take measures to require the
suppliers to take appropriate steps to remedy them. Where
the supplier does not remedy the situation, the Contractor
shall within a reasonable period substitute the supplier with
a supplier that is able to manage such risks.
27.4 Obtaining natural resource materials in relation to
supplier: The Contractor shall obtain natural resource
materials from suppliers that can demonstrate, through
compliance with the applicable verification and/ or
Page | 209
certification requirements, that obtaining such materials is

not contributing to the risk of significant conversion or
significant degradation of natural or critical habitats such as
unsustainably harvested wood products, gravel or sand
extraction from river beds or beaches.
If a supplier cannot continue to demonstrate that obtaining
such materials is not contributing to the risk of significant
conversion or significant degradation of natural or critical
habitats, the Contractor shall within a reasonable period
substitute the supplier with a supplier that is able to
demonstrate that they are not significantly adversely
impacting the habitats.
28. Code of 28.1 The Contractor shall have a Code of Conduct for the
Conduct Contractor’s Personnel.
The Contractor shall take all necessary measures to ensure
that each Contractor’s Personnel is made aware of the Code
of Conduct including specific behaviors that are prohibited,
and understands the consequences of engaging in such
prohibited behaviors.
These measures include providing instructions and
documentation that can be understood by the Contractor’s
Personnel and seeking to obtain that person’s signature
acknowledging receipt of such instructions and/or
documentation, as appropriate.
The Contractor shall also ensure that the Code of Conduct
is visibly displayed in multiple locations on the Site and
any other place where the Works will be carried out, as well
as in areas outside the Site accessible to the local
community and project affected people. The posted Code of
Conduct shall be provided in languages comprehensible to
Contractor’s Personnel, Employer’s Personnel and the local
community.
The Contractor’s Management Strategy and
Implementation Plans shall include appropriate processes
for the Contractor to verify compliance with these
obligations.
29. Security of 29.1 The Contractor shall be responsible for the security of the

the Site Site, and:

(a) for keeping unauthorized persons off the Site;
(b) authorized persons shall be limited to the
Contractor’s Personnel, the Employer’s Personnel,
and to any other personnel identified as authorized
personnel (including the Employer’s other
contractors on the Site), by a notice from the
Employer or the Project Manager to the Contractor.
Subject to GCC Sub-Clause 16.2, the Contractor shall
submit for the Project Manager’s No-objection a security
management plan that sets out the security arrangements for
the Site
The Contractor shall (i) conduct appropriate background
checks on any personnel retained to provide security; (ii)
train the security personnel adequately (or determine that
they are properly trained) in the use of force (and where
applicable, firearms), and appropriate conduct towards
Contractor’s Personnel, Employer’s Personnel and affected
communities; and (iii) require the security personnel to act
within the applicable Laws and any requirements set out in
the Specifications.
The Contractor shall not permit any use of force by security
personnel in providing security except when used for
preventive and defensive purposes in proportion to the
nature and extent of the threat.
In making security arrangements, the Contractor shall also
comply with any additional requirements stated in the
Specification.”
B. Time Control
30. Program 30.1 Within the time stated in the PCC, after the date of the
and Letter of Acceptance, the Contractor shall submit to the
Progress Project Manager for approval a Program showing the
Reports general methods, arrangements, order, and timing for all the
activities in the Works. In the case of a lump-sum contract,
the activities in the Program shall be consistent with those
in the Activity Schedule. The Project Manager’s approval
of the Program shall not alter the Contractor’s obligations.
The Contractor may revise the Program and submit it to the
Project Manager again at any time. A revised Program
shall show the effect of Variations and Compensation
Page | 211
Events.
30.2 An update of the Program shall be a program showing the
actual progress achieved on each activity and the effect of
the progress achieved on the timing of the remaining work,
including any changes to the sequence of the activities.
30.3 The Contractor shall monitor progress of the Works and
submit to the Project manager progress report and any
updated Program showing the actual progress achieved and
the effect of the progress achieved on the timing of the
remaining Works, including any changes to the sequence of
the activities, at intervals no longer than the period stated
in the PCC. If the Contractor does not submit an updated
Program within this period, the Project Manager may
withhold the amount stated in the PCC from the next
payment certificate and continue to withhold this amount
until the next payment after the date on which the overdue
Program has been submitted. In the case of lump-sum
Contract, the Contractor shall provide an updated Activity
Schedule within 14 days of being instructed to by the
Project Manager.
30.4 Unless otherwise stated in the Specifications, each progress
report shall include the Environmental and Social (ES)
metrics set out in Appendix B.
30.5 In addition to the progress reports, the Contractor shall
inform the Project Manager immediately of any allegation,
incident or accident in the Site, which has or is likely to
have a significant adverse effect on the environment, the
affected communities, the public, Employer’s Personnel,
Project Manager’s personnel or Contractor’s Personnel.
This includes, but is not limited to, any incident or accident
causing fatality or serious injury; significant adverse effects
or damage to private property; or any allegation of SEA
and/or SH. In case of SEA and/or SH, while maintaining
confidentiality as appropriate, the type of allegation (sexual
exploitation, sexual abuse or sexual harassment), gender
and age of the person who experienced the alleged incident
should be included in the information.
The Contractor, upon becoming aware of the allegation,
incident or accident, shall also immediately inform the
Project Manager of any such incident or accident on the
Subcontractors’ or suppliers’ premises relating to the Works
which has or is likely to have a significant adverse effect on
the environment, the affected communities, the public,

Employer’s Personnel, or Contractor’s, its Subcontractors’

and suppliers’ personnel. The notification shall provide
sufficient detail regarding such incidents or accidents. The
Contractor shall provide full details of such incidents or
accidents to the Project Manager within the timeframe
agreed with the Project Manager.
The Contractor shall require its Subcontractors and
suppliers (other than Subcontractors) to immediately notify
the Contractor of any incidents or accidents referred to in
this Subclause.
31. Extension of 31.1 The Project Manager shall extend the Intended Completion
the Intended Date if a Compensation Event occurs or a Variation is
Completion issued which makes it impossible for Completion to be
Date achieved by the Intended Completion Date without the
Contractor taking steps to accelerate the remaining work,
which would cause the Contractor to incur additional cost.
31.2 The Project Manager shall decide whether and by how
much to extend the Intended Completion Date within 21
days of the Contractor asking the Project Manager for a
decision upon the effect of a Compensation Event or
Variation and submitting full supporting information. If the
Contractor has failed to give early warning of a delay or has
failed to cooperate in dealing with a delay, the delay by this
failure shall not be considered in assessing the new
Intended Completion Date.
32. Acceleration 32.1 When the Employer wants the Contractor to finish before
the Intended Completion Date, the Project Manager shall
obtain priced proposals for achieving the necessary
acceleration from the Contractor. If the Employer accepts
these proposals, the Intended Completion Date shall be
adjusted accordingly and confirmed by both the Employer
and the Contractor.
32.2 If the Contractor’s priced proposals for an acceleration are
accepted by the Employer, they are incorporated in the
Contract Price and treated as a Variation.
33. Delays 33.1 The Project Manager may instruct the Contractor to delay
Ordered by the start or progress of any activity within the Works.
the Project
Manager
34. Managemen 34.1 Either the Project Manager or the Contractor may require
Page | 213
t Meetings the other to attend a management meeting. The business of

a management meeting shall be to review the plans for
remaining work and to deal with matters raised in
accordance with the early warning procedure.
34.2 The Project Manager shall record the business of
management meetings and provide copies of the record to
those attending the meeting and to the Employer. The
responsibility of the parties for actions to be taken shall be
decided by the Project Manager either at the management
meeting or after the management meeting and stated in
writing to all who attended the meeting.
35. Early 35.1 The Contractor shall warn the Project Manager at the
Warning earliest opportunity of specific likely future events or
circumstances that may adversely affect the quality of the
work, increase the Contract Price, or delay the execution of
the Works. The Project Manager may require the
Contractor to provide an estimate of the expected effect of
the future event or circumstance on the Contract Price and
Completion Date. The estimate shall be provided by the
Contractor as soon as reasonably possible.
35.2 The Contractor shall cooperate with the Project Manager in
making and considering proposals for how the effect of
such an event or circumstance can be avoided or reduced
by anyone involved in the work and in carrying out any
resulting instruction of the Project Manager.
C. Quality Control
36. Identifying 36.1 The Project Manager shall check the Contractor’s work and
Defects notify the Contractor of any Defects that are found. Such
checking shall not affect the Contractor’s responsibilities.
The Project Manager may instruct the Contractor to search
for a Defect and to uncover and test any work that the
Project Manager considers may have a Defect.
37. Tests 37.1 If the Project Manager instructs the Contractor to carry out
a test not specified in the Specifications to check whether
any work has a Defect and the test shows that it does, the
Contractor shall pay for the test and any samples. If there is
no Defect, the test shall be a Compensation Event.
38. Correction 38.1 The Project Manager shall give notice to the Contractor of
of Defects any Defects before the end of the Defects Liability Period,
which begins at Completion, and is defined in the PCC.
The Defects Liability Period shall be extended for as long

as Defects remain to be corrected.

38.2 Every time notice of a Defect is given, the Contractor shall
correct the notified Defect within the length of time
specified by the Project Manager’s notice.
39. Uncorrected 39.1 If the Contractor has not corrected a Defect within the time
Defects specified in the Project Manager’s notice, the Project
Manager shall assess the cost of having the Defect
corrected, and the Contractor shall pay this amount.
D. Cost Control
40. Contract 40.1 The Bill of Quantities shall contain priced items for the
Price26 Works to be performed by the Contractor. The Bill of
Quantities is used to calculate the Contract Price. The
Contractor will be paid for the quantity of the work
accomplished at the rate in the Bill of Quantities for each
item.
41. Changes in 41.1 If the final quantity of the work done differs from the
the Contract quantity in the Bill of Quantities for the particular item by
Price27 more than 25 percent, provided the change exceeds 1
percent of the Initial Contract Price, the Project Manager
shall adjust the rate to allow for the change. The Project
Manager shall not adjust rates from changes in quantities if
thereby the Initial Contract Price is exceeded by more than
15 percent, except with the prior approval of the Employer.
41.2 If requested by the Project Manager, the Contractor shall
provide the Project Manager with a detailed cost
breakdown of any rate in the Bill of Quantities.
42. Variations 42.1 All Variations shall be included in updated Programs28

produced by the Contractor.
42.2 The Contractor shall provide the Project Manager with a
26
In lump-sum contracts, replace GCC Sub-Clauses 40.1 as follows:
40.1 The Contractor shall provide updated Activity Schedules within 14 days of being instructed to
by the Project Manager. The Activity Schedule shall contain the priced activities for the Works
to be performed by the Contractor. The Activity Schedule is used to monitor and control the
performance of activities on which basis the Contractor will be paid. If payment for materials on
site shall be made separately, the Contractor shall show delivery of Materials to the Site
separately on the Activity Schedule.
27
In lump-sum contracts, replace entire GCC Clause 41 with new GCC Sub-Clause 41.1, as follows:
41.1 The Activity Schedule shall be amended by the Contractor to accommodate changes of Program
or method of working made at the Contractor’s own discretion. Prices in the Activity Schedule
shall not be altered when the Contractor makes such changes to the Activity Schedule.
28
In lump-sum contracts, add “and Activity Schedules” after “Programs.”
Page | 215
quotation for carrying out the Variation when requested to

do so by the Project Manager. The Contractor shall also
provide information of any ES risks and impacts of the
Variation. The Project Manager shall assess the quotation,
which shall be given within seven (7) days of the request or
within any longer period stated by the Project Manager and
before the Variation is ordered.
42.3 If the Contractor’s quotation is unreasonable, the Project
Manager may order the Variation and make a change to the
Contract Price, which shall be based on the Project
Manager’s own forecast of the effects of the Variation on
the Contractor’s costs.
42.4 If the Project Manager decides that the urgency of varying
the work would prevent a quotation being given and
considered without delaying the work, no quotation shall be
given and the Variation shall be treated as a Compensation
Event.
42.5 The Contractor shall not be entitled to additional payment
for costs that could have been avoided by giving early
warning.
42.6 If the work in the Variation corresponds to an item
description in the Bill of Quantities and if, in the opinion of
the Project Manager, the quantity of work above the limit
stated in GCC Sub-Clause 41.1 or the timing of its
execution do not cause the cost per unit of quantity to
change, the rate in the Bill of Quantities shall be used to
calculate the value of the Variation. If the cost per unit of
quantity changes, or if the nature or timing of the work in
the Variation does not correspond with items in the Bill of
Quantities, the quotation by the Contractor shall be in the
form of new rates for the relevant items of work. 29
42.7 Value Engineering: The Contractor may prepare, at its own
cost, a value engineering proposal at any time during the
performance of the contract. The value engineering
proposal shall, at a minimum, include the following;
(a) the proposed change(s), and a description of the
difference to the existing contract requirements;
(b) a full cost/benefit analysis of the proposed change(s)
including a description and estimate of costs
(including life cycle cost) the Employer may incur in
implementing the value engineering proposal;
29
In lump-sum contracts, delete this paragraph.

(c) a description of any effect(s) of the change on

performance/functionality; and
(d) a description of the proposed work to be performed, a
program for its execution and sufficient ES
information to enable an evaluation of ES risks and
impacts.
The Employer may accept the value engineering proposal if
the proposal demonstrates benefits that:
(a) accelerates the contract completion period; or
(b) reduces the Contract Price or the life cycle costs to
the Employer; or
(c) improves the quality, efficiency, safety or
sustainability of the Facilities; or
(d) yields any other benefits to the Employer,
without compromising the functionality of the Works.
If the value engineering proposal is approved by the
Employer and results in:
(a) a reduction of the Contract Price; the amount to be
paid to the Contractor shall be the percentage
specified in the PCC of the reduction in the Contract
Price; or
(b) an increase in the Contract Price; but results in a
reduction in life cycle costs due to any benefit
described in (a) to (d) above, the amount to be paid to
the Contractor shall be the full increase in the
Contract Price.
43. Cash Flow 43.1 When the Program,30 is updated, the Contractor shall
Forecasts provide the Project Manager with an updated cash flow
forecast. The cash flow forecast shall include different
currencies, as defined in the Contract, converted as
necessary using the Contract exchange rates.
44. Payment 44.1 The Contractor shall submit to the Project Manager
Certificates monthly statements of the estimated value of the work
executed less the cumulative amount certified previously.
44.2 The Project Manager shall check the Contractor’s monthly
statement and certify the amount to be paid to the
30
In lump-sum contracts, add “or Activity Schedule” after “Program.”
Page | 217
Contractor.
44.3 The value of work executed shall be determined by the
Project Manager.
44.4 The value of work executed shall comprise the value of the
quantities of work in the Bill of Quantities that have been
completed.31
44.5 The value of work executed shall include the valuation of
Variations and Compensation Events.
44.6 The Project Manager may exclude any item certified in a
previous certificate or reduce the proportion of any item
previously certified in any certificate in the light of later
information.
44.7 If the Contractor was, or is, failing to perform any ES
obligations or work under the Contract, the value of this
work or obligation, as determined by the Project Manager,
may be withheld until the work or obligation has been
performed, and/or the cost of rectification or replacement,
as determined by the Project Manager, may be withheld
until rectification or replacement has been completed.
Failure to perform includes, but is not limited to the
following:
(a) failure to comply with any ES obligations or work
described in the Works’ Requirements which may
include: working outside site boundaries, excessive
dust, failure to keep public roads in a safe usable
condition, damage to offsite vegetation, pollution of
water courses from oils or sedimentation,
contamination of land e.g. from oils, human waste,
damage to archeology or cultural heritage features,
air pollution as a result of unauthorized and/or
inefficient combustion;
(b) failure to regularly review C-ESMP and/or update it
in a timely manner to address emerging ES issues, or
anticipated risks or impacts;
(c) failure to implement the C-ESMP e.g. failure to
provide required training or sensitization;
(d) failing to have appropriate consents/permits prior to
undertaking Works or related activities;
(e) failure to submit ES report/s (as described in
31
In lump-sum contracts, replace this paragraph with the following: “The value of work executed shall
comprise the value of completed activities in the Activity Schedule.”

Appendix B), or failure to submit such reports in a

timely manner;
(f) failure to implement remediation as instructed by the
Project Manager within the specified timeframe (e.g.
remediation addressing non-compliance/s).
45. Payments 45.1 Payments shall be adjusted for deductions for advance
payments and retention. The Employer shall pay the
Contractor the amounts certified by the Project Manager
within 28 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be
paid interest on the late payment in the next payment.
Interest shall be calculated from the date by which the
payment should have been made up to the date when the
late payment is made at the prevailing rate of interest for
commercial borrowing for each of the currencies in which
payments are made.
45.2 If an amount certified is increased in a later certificate or as
a result of an award by the Adjudicator or an Arbitrator, the
Contractor shall be paid interest upon the delayed payment
as set out in this clause. Interest shall be calculated from the
date upon which the increased amount would have been
certified in the absence of dispute.
45.3 Unless otherwise stated, all payments and deductions shall
be paid or charged in the proportions of currencies
comprising the Contract Price.
45.4 Items of the Works for which no rate or price has been
entered in shall not be paid for by the Employer and shall
be deemed covered by other rates and prices in the
Contract.
46. Compensati 46.1 The following shall be Compensation Events:

on Events (a) The Employer does not give access to a part of the
Site by the Site Possession Date pursuant to GCC
Sub-Clause 20.1.
(b) The Employer modifies the Schedule of Other
Contractors in a way that affects the work of the
Contractor under the Contract.
(c) The Project Manager orders a delay or does not issue
Drawings, Specifications, or instructions required for
execution of the Works on time.
(d) The Project Manager instructs the Contractor to
uncover or to carry out additional tests upon work,
Page | 219
which is then found to have no Defects.

(e) The Project Manager unreasonably does not approve
a subcontract to be let.
(f) Ground conditions are substantially more adverse
than could reasonably have been assumed before
issuance of the Letter of Acceptance from the
information issued to bidders (including the Site
Investigation Reports), from information available
publicly and from a visual inspection of the Site.
(g) The Project Manager gives an instruction for dealing
with an unforeseen condition, caused by the
Employer, or additional work required for safety or
other reasons.
(h) Other contractors, public authorities, utilities, or the
Employer does not work within the dates and other
constraints stated in the Contract, and they cause
delay or extra cost to the Contractor.
(i) The advance payment is delayed.
(j) The effects on the Contractor of any of the
Employer’s Risks.
(k) The Project Manager unreasonably delays issuing a
Certificate of Completion.
46.2 If a Compensation Event would cause additional cost or
would prevent the work being completed before the
Intended Completion Date, the Contract Price shall be
increased and/or the Intended Completion Date shall be
extended. The Project Manager shall decide whether and by
how much the Contract Price shall be increased and
whether and by how much the Intended Completion Date
shall be extended.
46.3 As soon as information demonstrating the effect of each
Compensation Event upon the Contractor’s forecast cost
has been provided by the Contractor, it shall be assessed by
the Project Manager, and the Contract Price shall be
adjusted accordingly. If the Contractor’s forecast is deemed
unreasonable, the Project Manager shall adjust the Contract
Price based on the Project Manager’s own forecast. The
Project Manager shall assume that the Contractor shall
react competently and promptly to the event.
46.4 The Contractor shall not be entitled to compensation to the
extent that the Employer’s interests are adversely affected

by the Contractor’s not having given early warning or not

having cooperated with the Project Manager.
47. Tax 47.1 The Project Manager shall adjust the Contract Price if
taxes, duties, and other levies are changed between the date
28 days before the submission of bids for the Contract and
the date of the last Completion certificate. The adjustment
shall be the change in the amount of tax payable by the
Contractor, provided such changes are not already reflected
in the Contract Price or are a result of GCC Clause 49.
48. Currencies 48.1 Where payments are made in currencies other than the
currency of the Employer’s country specified in the PCC,
the exchange rates used for calculating the amounts to be
paid shall be the exchange rates stated in the Contractor’s
Bid.
49. Price 49.1 Prices shall be adjusted for fluctuations in the cost of inputs
Adjustment only if provided for in the PCC. If so provided, the
amounts certified in each payment certificate, before
deducting for Advance Payment, shall be adjusted by
applying the respective price adjustment factor to the
payment amounts due in each currency. A separate formula
of the type specified below applies to each Contract
currency:
Pc = Ac + Bc Imc/Ioc
where:
Pc is the adjustment factor for the portion of the
Contract Price payable in a specific currency “c.”
Ac and Bc are coefficients32specified in the PCC,
representing the nonadjustable and adjustable
portions, respectively, of the Contract Price payable
in that specific currency “c;” and
Imc is the index prevailing at the end of the month being
invoiced and Ioc is the index prevailing 28 days before
Bid opening for inputs payable; both in the specific
currency “c.”
32
The sum of the two coefficients Ac and Bc should be 1 (one) in the formula for each currency. Normally,
both coefficients shall be the same in the formulae for all currencies, since coefficient A, for the
nonadjustable portion of the payments, is a very approximate figure (usually 0.15) to take account of
fixed cost elements or other nonadjustable components. The sum of the adjustments for each currency
are added to the Contract Price.
Page | 221
49.2 If the value of the index is changed after it has been used in
a calculation, the calculation shall be corrected and an
adjustment made in the next payment certificate. The index
value shall be deemed to take account of all changes in cost
due to fluctuations in costs.
50. Retention 50.1 The Employer shall retain from each payment due to the
Contractor the proportion stated in the PCC until
Completion of the whole of the Works.
50.2 Upon the issue of a Certificate of Completion of the Works
by the Project Manager, in accordance with GCC Sub-
Clause 57.1, half the total amount retained shall be repaid
to the Contractor and half when the Defects Liability Period
has passed and the Project Manager has certified that all
Defects notified by the Project Manager to the Contractor
before the end of this period have been corrected. The
Contractor may substitute retention money with an “on
demand” Bank guarantee.
51. Liquidated 51.1 The Contractor shall pay liquidated damages to the
Damages Employer at the rate per day stated in the PCC for each
day that the Completion Date is later than the Intended
Completion Date. The total amount of liquidated damages
shall not exceed the amount defined in the PCC. The
Employer may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall
not affect the Contractor’s liabilities.
51.2 If the Intended Completion Date is extended after
liquidated damages have been paid, the Project Manager
shall correct any overpayment of liquidated damages by the
Contractor by adjusting the next payment certificate. The
Contractor shall be paid interest on the overpayment,
calculated from the date of payment to the date of
repayment, at the rates specified in GCC Sub-Clause 45.1.
52. Bonus 52.1 The Contractor shall be paid a Bonus calculated at the rate
per calendar day stated in the PCC for each day (less any
days for which the Contractor is paid for acceleration) that
the Completion is earlier than the Intended Completion
Date. The Project Manager shall certify that the Works are
complete, although they may not be due to be complete.
53. Advance 53.1 The Employer shall make advance payment to the
Payment Contractor of the amounts stated in the PCC by the date
stated in the PCC, against provision by the Contractor of

an Unconditional Bank Guarantee in a form and by a bank

acceptable to the Employer in amounts and currencies
equal to the advance payment. The Guarantee shall remain
effective until the advance payment has been repaid, but the
amount of the Guarantee shall be progressively reduced by
the amounts repaid by the Contractor. Interest shall not be
charged on the advance payment.
53.2 The Contractor is to use the advance payment only to pay
for Equipment, Plant, Materials, and mobilization expenses
required specifically for execution of the Contract. The
Contractor shall demonstrate that advance payment has
been used in this way by supplying copies of invoices or
other documents to the Project Manager.
53.3 The advance payment shall be repaid by deducting
proportionate amounts from payments otherwise due to the
Contractor, following the schedule of completed
percentages of the Works on a payment basis. No account
shall be taken of the advance payment or its repayment in
assessing valuations of work done, Variations, price
adjustments, Compensation Events, Bonuses, or Liquidated
Damages.
54. Securities 54.1 The Performance Security shall be provided to the

Employer no later than the date specified in the Letter of
Acceptance and shall be issued in an amount specified in
the PCC, by a bank or surety acceptable to the Employer,
and denominated in the types and proportions of the
currencies in which the Contract Price is payable. The
Performance Security shall be valid until a date 28 days
from the date of issue of the Certificate of Completion in
the case of a Bank Guarantee, and until one year from the
date of issue of the Certificate of Completion in the case of
a Performance Bond.
55. Dayworks 55.1 If applicable, the Dayworks rates in the Contractor’s Bid
shall be used only when the Project Manager has given
written instructions in advance for additional work to be
paid for in that way.
55.2 All work to be paid for as Dayworks shall be recorded by
the Contractor on forms approved by the Project Manager.
Each completed form shall be verified and signed by the
Project Manager within two days of the work being done.
55.3 The Contractor shall be paid for Dayworks subject to
obtaining signed Dayworks forms.
Page | 223
56. Cost of 56.1 Loss or damage to the Works or Materials to be

Repairs incorporated in the Works between the Start Date and the
end of the Defects Correction periods shall be remedied by
the Contractor at the Contractor’s cost if the loss or damage
arises from the Contractor’s acts or omissions.
E. Finishing the Contract
57. Completion 57.1 The Contractor shall request the Project Manager to issue
a Certificate of Completion of the Works, and the Project
Manager shall do so upon deciding that the whole of the
Works is completed.
58. Taking Over 58.1 The Employer shall take over the Site and the Works
within seven days of the Project Manager’s issuing a
certificate of Completion.
59. Final 59.1 The Contractor shall supply the Project Manager with a
Account detailed account of the total amount that the Contractor
considers payable under the Contract before the end of the
Defects Liability Period. The Project Manager shall issue
a Defects Liability Certificate and certify any final
payment that is due to the Contractor within 56 days of
receiving the Contractor’s account if it is correct and
complete. If it is not, the Project Manager shall issue
within 56 days a schedule that states the scope of the
corrections or additions that are necessary. If the Final
Account is still unsatisfactory after it has been
resubmitted, the Project Manager shall decide on the
amount payable to the Contractor and issue a payment
certificate.
60. Operating 60.1 If “as built” Drawings and/or operating and maintenance
and manuals are required, the Contractor shall supply them by
Maintenanc the dates stated in the PCC.
e Manuals 60.2 If the Contractor does not supply the Drawings and/or
manuals by the dates stated in the PCC pursuant to GCC
Sub-Clause 60.1, or they do not receive the Project
Manager’s approval, the Project Manager shall withhold
the amount stated in the PCC from payments due to the
Contractor.
61. Termination 61.1 The Employer or the Contractor may terminate the
Contract if the other party causes a fundamental breach of
the Contract.

61.2 Fundamental breaches of Contract shall include, but shall

not be limited to, the following:
(a) the Contractor stops work for 28 days when no

stoppage of work is shown on the current Program
and the stoppage has not been authorized by the
Project Manager;
(b) the Project Manager instructs the Contractor to
delay the progress of the Works, and the instruction
is not withdrawn within 28 days;
(c) the Employer or the Contractor is made bankrupt or
goes into liquidation other than for a reconstruction
or amalgamation;
(d) a payment certified by the Project Manager is not
paid by the Employer to the Contractor within 84
days of the date of the Project Manager’s
certificate;
(e) the Project Manager gives Notice that failure to
correct a particular Defect is a fundamental breach
of Contract and the Contractor fails to correct it
within a reasonable period of time determined by
the Project Manager;
(f) the Contractor does not maintain a Security, which is
required;
(g) the Contractor has delayed the completion of the
Works by the number of days for which the
maximum amount of liquidated damages can be
paid, as defined in the PCC; or
(h) if the Contractor, in the judgment of the Employer
has engaged in Fraud and Corruption, as defined in
paragraph 2.2 a of the Appendix A to the GCC, in
competing for or in executing the Contract, then the
Employer may, after giving fourteen (14) days
written notice to the Contractor, terminate the
Contract and expel him from the Site.
61.3 Notwithstanding the above, the Employer may terminate
the Contract for convenience.
61.4 If the Contract is terminated, the Contractor shall stop

work immediately, make the Site safe and secure, and
leave the Site as soon as reasonably possible.
Page | 225
61.5 When either party to the Contract gives notice of a breach

of Contract to the Project Manager for a cause other than
those listed under GCC Sub-Clause 61.2 above, the
Project Manager shall decide whether the breach is
fundamental or not.
62. Payment 62.1 If the Contract is terminated because of a fundamental

upon breach of Contract by the Contractor, the Project Manager
Termination shall issue a certificate for the value of the work done and
Materials ordered less advance payments received up to
the date of the issue of the certificate and less the
percentage to apply to the value of the work not
completed, as specified in the PCC. Additional
Liquidated Damages shall not apply. If the total amount
due to the Employer exceeds any payment due to the
Contractor, the difference shall be a debt payable to the
Employer.
62.2 If the Contract is terminated for the Employer’s
convenience or because of a fundamental breach of
Contract by the Employer, the Project Manager shall issue
a certificate for the value of the work done, Materials
ordered, the reasonable cost of removal of Equipment,
repatriation of the Contractor’s personnel employed solely
on the Works, and the Contractor’s costs of protecting and
securing the Works, and less advance payments received
up to the date of the certificate.
63. Property 63.1 All Materials on the Site, Plant, Equipment, Temporary
Works, and Works shall be deemed to be the property of
the Employer if the Contract is terminated because of the
Contractor’s default.
64. Release 64.1 If the Contract is frustrated by the outbreak of war or by

from any other event entirely outside the control of either the
Performanc Employer or the Contractor, the Project Manager shall
e certify that the Contract has been frustrated. The
Contractor shall make the Site safe and stop work as
quickly as possible after receiving this certificate and
shall be paid for all work carried out before receiving it
and for any work carried out afterwards to which a
commitment was made.

65. Suspension 65.1 In the event that the Bank suspends the Loan or Credit to
of Bank the Employer, from which part of the payments to the
Loan or Contractor are being made:
Credit (a) The Employer is obligated to notify the Contractor
of such suspension within 7 days of having received
the Bank’s suspension notice.
(b) If the Contractor has not received sums due to it
within the 28 days for payment provided for in
GCC Sub-Clause 45.1, the Contractor may
immediately issue a 14-day termination notice.
Page | 227
66. Force 66.1 Definition of Force Majeure

Majeure In this Clause, "Force Majeure" means an exceptional event or
circumstance:
(a) which is beyond a Party's control,

(b) which such Party could not reasonably have provided
against before entering into the Contract,
(c) which, having arisen, such Party could not reasonably
have avoided or overcome, and
(d) which is not substantially attributable to the other Party
Force Majeure may include, but is not limited to, exceptional
events or circumstances of the kind listed below, so long as
conditions (a) to (d) above are satisfied:
(i) war, hostilities (whether war be declared or not), invasion,

act of foreign enemies,
(ii) rebellion, terrorism, revolution, insurrection, military or
usurped power, or civil war,
(iii) riot, commotion, disorder, strike or lockout by persons other
than the Contractor's Personnel and other employees of the
Contractor and Subcontractors ,
(iv) munitions of war, explosive materials, ionising radiation or
contamination by radio-activity, except as may be
attributable to the Contractor's use of such munitions,
explosives, radiation or radio-activity, and
(v) natural catastrophes such as earthquake, hurricane, typhoon
or volcanic activity.
(vi) Spread of any Pandemic diseases
66.2 Notice of Force Majeure
If a Party is or will be prevented from performing any of its
obligations under the Contract by Force Majeure, then it shall
give notice to the other Party of the event or circumstances
constituting the Force Majeure and shall specify the obligations
, the performance of which is or will be prevented. The notice
shall be given within 14 days after the Party became aware, or
should have become aware, of the relevant event or
circumstance constituting Force Majeure.
The Party shall, having given notice, be excused performance of

such obligations for so long as such Force Majeure prevents it
from performing them.

Notwithstanding any other provision of this Clause, Force Majeure

shall not apply to obligations of either Party to make payments to the
other Party under the Contract.
66.3 Duty to Minimise Delay

Each Party shall at all times use all reasonable endeavors to minimise
any delay in the performance of the Contract as a result of Force
Majeure. A Party shall give notice to the other Party when it ceases to
be affected by the Force Majeure
66.4 Consequences of Force Majeure

If the Contractor is prevented from performing any of his obligations
under the Contract by Force Majeure of which notice has been given
under Sub-Clause 66.2 [Notice of Force Majeure]. and suffers delay
and/or incurs Cost by reason of such Force Majeure, the Contractor
shall be entitled subject to Clause 46 [Compensation Events ]to:
(a) an extension of time for any such delay, if completion is or will be

delayed, under Clause 31 Extension of the Intended Completion
Date ,and
(b) if the event or circumstance is of the kind described in sub-
paragraphs (i) to (iv) of Sub-Clause 66.1[Definition of Force
Majeure] and, in the case of sub- paragraphs (ii) to (iv) occurs in
the Country, payment of any such Cost.
After receiving this notice, the Engineer shall proceed in accordance
with Clause 4 [Project Manager’s Decisions] to agreed or determine
these matters.
66.5 Force Majeure Affecting Sub- Contractor

If any Sub-contractor is entitled under any contract or agreement
relating to the works to relief force majeure on terms additional to or
broader than those specified in this Clause, such additional or broader
force majeure events or circumstances shall not excuse the
Contractor's non-performance or entitle him to relief under this
Clause.
Page | 229
66.6 Optional Termination, Payment and Release

If the execution of substantially all the Works in progress is prevented
for a continuous period of 84 days by reason of Force Majeure of
which notice has been given under Sub-Clause 66.2 [Notice of Force
Majeure], or for multiple periods which total more than 140 days due
to the same notified Force Majeure, then either Party may give to the
other Party a notice of termination of the Contract. In this event, the
termination shall take effect 7 days after the notice is given, and the
Contractor shall proceed in accordance with Sub-Clause 61.4 of
Clause 61 [Termination].
Upon such termination, the Engineer shall determine the value of the
work done and issue a Payment Certificate which shall include:
(a) the amounts payable for any work carried out for which a price
is stated in the Contract;
(b) the Cost of Plant and Materials ordered for the Works which
have been delivered to the Contractor, or of which the
Contractor is liable to accept delivery: this Plant and Materials
shall become the property of (and be at the risk of) the
Employer when paid for by the Employer, and the Contractor
shall place the same at the Employer's disposal;
(c) any other Cost or liability which in the circumstances was
reasonably incurred by the Contractor in the expectation of
completing the Works;
(d) the Cost of removal of Temporary Works and Contractor's
Equipment from the Site and the return of these items to the
Contractor's works in his country (or to any other destination at
no greater cost); and
(e) the Cost of repatriation of the Contractor's staff and labour
employed wholly in connection with the Works at the date of
termination.
66.7 Release from Performance under the Law
Notwithstanding any other provision of this Clause, if any event
or circumstance outside the control of the Parties (including, but
not limited to, Force Majeure) arises which makes it impossible
or unlawful for either or both Parties to fulfil its or their
contractual obligations or which, under the law governing the
Contract, entitles the Parties to be released from further
performance of the Contract, then upon notice by either Party to
the other Party of such event or circumstance:
(a) the Parties shall be discharged from further performance, without
prejudice to the rights of either Party in respect of any previous
breach of the Contract, and
(b) the sum payable by the Employer to the Contractor shall be the
same as would have been payable under Sub-Clause 66.6
[Optional Termination, Payment and Release] if the Contract had
been terminated under Sub-Clause 66.6.

Page | 231

APPENDIX A
TO GENERAL CONDITIONS
Fraud and Corruption
(Text in this Appendix shall not be modified)
1. Purpose
1.1 The Bank’s Anti-Corruption Guidelines and this annex apply with respect to
procurement under Bank Investment Project Financing operations.
2. Requirements
2.1 The Bank requires that Borrowers (including beneficiaries of Bank financing);
bidders (applicants/proposers),consultants, contractors and suppliers; any sub-
contractors, sub-consultants, service providers or suppliers; any agents (whether
declared or not); and any of their personnel, observe the highest standard of ethics
during the procurement process, selection and contract execution of Bank-financed
contracts, and refrain from Fraud and Corruption.
2.2 To this end, the Bank:
a. Defines, for the purposes of this provision, the terms set forth below as follows:
i. “corrupt practice” is the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence
improperly the actions of another party;
Page | 233
ii. “fraudulent practice” is any act or omission, including

misrepresentation, that knowingly or recklessly misleads, or
attempts to mislead, a party to obtain financial or other benefit or
to avoid an obligation;
iii. “collusive practice” is an arrangement between two or more parties
designed to achieve an improper purpose, including to influence
improperly the actions of another party;
iv. “coercive practice” is impairing or harming, or threatening to
impair or harm, directly or indirectly, any party or the property of
the party to influence improperly the actions of a party;
v. “obstructive practice” is:
(a) deliberately destroying, falsifying, altering, or concealing
of evidence material to the investigation or making false
statements to investigators in order to materially impede a
Bank investigation into allegations of a corrupt,
fraudulent, coercive, or collusive practice; and/or
threatening, harassing, or intimidating any party to
prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the
investigation; or
(b) acts intended to materially impede the exercise of the
Bank’s inspection and audit rights provided for under
paragraph 2.2 e. below.
b. Rejects a proposal for award if the Bank determines that the firm or individual
recommended for award, any of its personnel, or its agents, or its sub-
consultants, sub-contractors, service providers, suppliers and/ or their
employees, has, directly or indirectly, engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices in competing for the contract in question;
c. In addition to the legal remedies set out in the relevant Legal Agreement, may
take other appropriate actions, including declaring misprocurement, if the Bank
determines at any time that representatives of the Borrower or of a recipient of
any part of the proceeds of the loan engaged in corrupt, fraudulent, collusive,
coercive, or obstructive practices during the procurement process, selection
and/or execution of the contract in question, without the Borrower having
taken timely and appropriate action satisfactory to the Bank to address such
practices when they occur, including by failing to inform the Bank in a timely
manner at the time they knew of the practices;
d. Pursuant to the Bank’s Anti- Corruption Guidelines and in accordance with the
Bank’s prevailing sanctions policies and procedures, may sanction a firm or
individual, either indefinitely or for a stated period of time, including by
publicly declaring such firm or individual ineligible (i) to be awarded or
otherwise benefit from a Bank-financed contract, financially or in any other

manner;33 (ii) to be a nominated34 sub-contractor, consultant, manufacturer or

supplier, or service provider of an otherwise eligible firm being awarded a
Bank-financed contract; and (iii) to receive the proceeds of any loan made by
the Bank or otherwise to participate further in the preparation or
implementation of any Bank-financed project;
e. Requires that a clause be included in bidding/request for proposals documents
and in contracts financed by a Bank loan, requiring (i)
bidders(applicants/proposers), consultants, contractors, and suppliers, and their
sub-contractors, sub-consultants, service providers, suppliers, agents personnel,
permit the Bank to inspect35 all accounts, records and other documents relating
to the procurement process, selection and/or contract execution, and to have
them audited by auditors appointed by the Bank.
33
For the avoidance of doubt, a sanctioned party’s ineligibility to be awarded a contract shall include, without limitation, (i) applying
for pre-qualification, expressing interest in a consultancy, and bidding, either directly or as a nominated sub-contractor, nominated
consultant, nominated manufacturer or supplier, or nominated service provider, in respect of such contract, and (ii) entering into an
addendum or amendment introducing a material modification to any existing contract.
34
A nominated sub-contractor, nominated consultant, nominated manufacturer or supplier, or nominated service provider (different
names are used depending on the particular bidding document) is one which has been: (i) included by the bidder in its pre-
qualification application or bid because it brings specific and critical experience and know-how that allow the bidder to meet the
qualification requirements for the particular bid; or (ii) appointed by the Borrower.
35
Inspections in this context usually are investigative (i.e., forensic) in nature. They involve fact-finding activities undertaken by the
Bank or persons appointed by the Bank to address specific matters related to investigations/audits, such as evaluating the veracity of
an allegation of possible Fraud and Corruption, through the appropriate mechanisms. Such activity includes but is not limited to:
accessing and examining a firm's or individual's financial records and information, and making copies thereof as relevant;
accessing and examining any other documents, data and information (whether in hard copy or electronic format)
deemed relevant for the investigation/audit, and making copies thereof as relevant; interviewing staff and other
relevant individuals; performing physical inspections and site visits; and obtaining third party verification of
information.
Page | 235
APPENDIX B
Environmental and Social (ES) Metrics for Progress Reports
[Note to Employer: the following metrics may be amended to reflect the specifics of
the Contract. The Employer shall ensure that the metrics provided are appropriate
for the Works and impacts/key issues identified in the environmental and social
assessment]
Metrics for regular reporting:

a. environmental incidents or non-compliances with contract requirements,
including contamination, pollution or damage to ground or water supplies;
b. health and safety incidents, accidents, injuries that require treatment and all
fatalities;
c. interactions with regulators: identify agency, dates, subjects, outcomes (report
the negative if none);
d. status of all permits and agreements:
i. work permits: number required, number received, actions taken for those not
received;
ii. status of permits and consents:
▪ list areas/facilities with permits required (quarries, asphalt & batch
plants), dates of application, dates issued (actions to follow up if not
issued), dates submitted to resident engineer (or equivalent), status of area
(waiting for permits, working, abandoned without reclamation,
decommissioning plan being implemented, etc.);
▪ list areas with landowner agreements required (borrow and spoil areas,
camp sites), dates of agreements, dates submitted to resident engineer (or
equivalent);
▪ identify major activities undertaken in each area in the reporting period
and highlights of environmental and social protection (land clearing,
boundary marking, topsoil salvage, traffic management,
decommissioning planning, decommissioning implementation);
▪ for quarries: status of relocation and compensation (completed, or details
of activities and current status in the reporting period).

e. health and safety supervision:

i. safety officer: number days worked, number of full inspections & partial
inspections, reports to construction/project management;
ii. number of workers, work hours, metric of PPE use (percentage of workers
with full personal protection equipment (PPE), partial, etc.), worker
violations observed (by type of violation, PPE or otherwise), warnings given,
repeat warnings given, follow-up actions taken (if any);
f. worker accommodations:
i. number of expats housed in accommodations, number of locals;
ii. date of last inspection, and highlights of inspection including status of
accommodations’ compliance with national and local law and good
practice, including sanitation, space, etc.;
iii. actions taken to recommend/require improved conditions, or to improve
conditions.
g. Health services: provider of health services, information and/or training, location
of clinic, number of non-safety disease or illness treatments and diagnoses (no
names to be provided);
h. gender (for expats and locals separately): number of female workers, percentage
of workforce, gender issues raised and dealt with (cross-reference grievances or
other sections as needed);
i. training:
i. number of new workers, number receiving induction training, dates of
induction training;
ii. number and dates of toolbox talks, number of workers receiving
Occupational Health and Safety (OHS), environmental and social training;
iii. number and dates of communicable diseases (including STDs) sensitization
and/or training, no. workers receiving training (in the reporting period and
in the past); same questions for gender sensitization, flag person training.
iv. number and date of SEA and SH prevention sensitization and/or training
events, including number of workers receiving training on Code of Conduct
for Contractor’s Personnel (in the reporting period and in the past), etc.
j. environmental and social supervision:
i. environmentalist: days worked, areas inspected and numbers of
inspections of each (road section, work camp, accommodations, quarries,
Page | 237
borrow areas, spoil areas, swamps, forest crossings, etc.), highlights of

activities/findings (including violations of environmental and/or social
best practices, actions taken), reports to environmental and/or social
specialist/construction/site management;
ii. sociologist: days worked, number of partial and full site inspections (by
area: road section, work camp, accommodations, quarries, borrow areas,
spoil areas, clinic, HIV/AIDS center, community centers, etc.), highlights
of activities (including violations of environmental and/or social
requirements observed, actions taken), reports to environmental and/or
social specialist/construction/site management; and
iii. community liaison person(s): days worked (hours community center
open), number of people met, highlights of activities (issues raised, etc.),
reports to environmental and/or social specialist /construction/site
management.
k. Grievances: list new grievances (e.g. number of allegations of SEA and SH)
received in the reporting period and number of unresolved past grievances by date
received, complainant’s age and sex, how received, to whom referred to for
action, resolution and date (if completed), data resolution reported to complainant,
any required follow-up (Cross-reference other sections as needed):
i. Worker grievances;
ii. Community grievances
l. Traffic, road safety and vehicles/equipment:
i. traffic and road safety incidents and accidents involving project vehicles &
equipment: provide date, location, damage, cause, follow-up;
ii. traffic and road safety incidents and accidents involving non-project
vehicles or property (also reported under immediate metrics): provide
date, location, damage, cause, follow-up;
iii. overall condition of vehicles/equipment (subjective judgment by
environmentalist); non-routine repairs and maintenance needed to improve
safety and/or environmental performance (to control smoke, etc.).
m. Environmental mitigations and issues (what has been done):
i. dust: number of working bowsers, number of waterings/day, number of
complaints, warnings given by environmentalist, actions taken to resolve;
highlights of quarry dust control (covers, sprays, operational status); % of
rock/ spoil lorries with covers, actions taken for uncovered vehicles;

ii. erosion control: controls implemented by location, status of water

crossings, environmentalist inspections and results, actions taken to
resolve issues, emergency repairs needed to control erosion/sedimentation;
iii. quarries, borrow areas, spoil areas, asphalt plants, batch plants: identify
major activities undertaken in the reporting period at each, and highlights
of environmental and social protection: land clearing, boundary marking,
topsoil salvage, traffic management, decommissioning planning,
decommissioning implementation;
iv. blasting: number of blasts (and locations), status of implementation of
blasting plan (including notices, evacuations, etc.), incidents of off-site
damage or complaints (cross-reference other sections as needed);
v. spill clean-ups, if any: material spilled, location, amount, actions taken,
material disposal (report all spills that result in water or soil
contamination;
vi. waste management: types and quantities generated and managed,
including amount taken offsite (and by whom) or reused/recycled/disposed
on-site;
vii. details of tree plantings and other mitigations required undertaken in the
reporting period;
viii. details of water and swamp protection mitigations required undertaken in
the reporting period.
n. compliance:
i. compliance status for conditions of all relevant consents/permits, for the
Work, including quarries, etc.): statement of compliance or listing of
issues and actions taken (or to be taken) to reach compliance;
ii. compliance status of C-ESMP/ESIP requirements: statement of
compliance or listing of issues and actions taken (or to be taken) to reach
compliance
iii. compliance status of SEA and SH prevention and response action plan:
statement of compliance or listing of issues and actions taken (or to be
taken) to reach compliance
Page | 239
compliance status of Health and Safety Management Plan re: statement of

compliance or listing of issues and actions taken (or to be taken) to reach
complianceother unresolved issues from previous reporting periods related to
environmental and social: continued violations, continued failure of equipment,
continued lack of vehicle covers, spills not dealt with, continued compensation or
blasting issues, etc. Cross-reference other sections as needed.

Section IX -Particular Conditions of Contract
A.General
GCC1.1(d) The financing institution is:TheWorld Bank
GCC1.1(r) The Employeris Executive Engineer, Kadana Division No.1, Diwada
colony
GCC1.1(v) The Intended Completion Date forthewholeof theWorks shall be18
months (including rainy season) after commencement date
GCC1.1(y) The Project Manager is ExecutiveEngineer, Kadana Division No.1, Diwada
colony
GCC1.1(a The Site is located at Kadana Dam Gujarat and is defined in drawings
a) No. 01
GCC1.1(d The Start Date shallbe 10 days after the date of issue of notice to proceed
d) with works to the contractor.
GCC1.1(h TheWorks consist of Rock Fall Protection at Kadana Dam , Gujarat
h) under DRIP-II under DRIP Identification numberofContract
is……………..2020/21
GCC1.1(jj GCC 1.1 (jj) is replaced with the following:
)
“Key Personnel are the Contractor’s personnel named in GCC 9.1 of the
Particular Conditions of Contract.”
GCC2.2 Sectional Completions are:

Civilworks QTY Timefor completion
SQM
Mile Stone –I 6 months from the
1. Rockfall Protection up 280 date of
to 20 m Height. commencement of
2. Rockfall Protection up 900 work
to 30 m Height
Mile Stone –II 12 months from the
3. Rockfall Protection up 560 date of
4. Rockfall Protection up work
to 30 m Height 1800
Page | 241
Mile Stone –III 560 18 months from the

5. Rockfall Protection up date of
6. Rockfall Protection up 1800 work
to 30 m Height
GCC2.3(i) The followingdocuments also form part of theContract:

S. Docum Description of the document
N ent
o.
1. Constr Construction methodology given in bid

uction amended as per comments of employer given
Method in letter of acceptance.
ology
2. Quality Quality control procedures and assurance

control plans given in the bid and amended as per
comments of Employer given in letter of
acceptance.
3. Fraud Appendix A – Fraud and Corruption

and
Corrupt
ion
4. Enviro Appendix B - Environmental and Social (ES)

nmenta Metrics for Progress Reports.
l and
Social
GCC3.1 The following is inserted as a sub-clause at the end of GCC 3.1:
“Salient features of major labour and other laws that are applicable to
construction industry in India are given as Appendix 1 to these General
Conditions of Contract.”
Thelanguageof the contract isEnglish.

Thelawthat applies to theContract arethe laws of Union ofIndia.
GCC 4.1 The following is inserted as a sub-paragraph at the end of GCC 4.1:
“However, if the Project Manager is required, under the rules and

regulations and orders of the Employer, to obtain approval of some other

authorities for specific actions, he will so obtain the approval. Provided

further that any requisite approval shall be deemed to have been given by
the Employer for any such authority exercised by the Project Manager.”
GCC5.1 TheExecutive Engineer may not delegate any of his duties and
responsibilities.
GCC 6.1 The following is inserted at the end of GCC 6.1:
“All oral instructions shall be confirmed in writing in seven working

days.”
GCC 7 The first sentence of GCC 7. 1 is modified as:
“The Contractor may subcontract with the approval of the Project Manager
up to a ceiling specified in PCC, but may not assign the Contract without
the approval of the Employer in writing.”
The following sub-clauses are inserted at the end of GCC 7.1:
“7.2 The Project Manager should satisfy himself before recommending to

the Employer whether:
a) the circumstances warrant such sub-contracting; and,
b) the sub-Contractor so proposed for the Work possesses the

experience, qualifications and equipment necessary for the
job proposed to be entrusted to him in proportion to the
quantum of Works to be sub-contracted.
7.3 If payments are proposed to be made directly to that sub-contractor,

this should be subject to specific authorization by the prime
contractor so that his arrangement does not alter the contractor’s
liability or obligations under the contract.
7.4 The Contractor shall not be required to obtain any consent from the
Employer for:
(a) the sub-contracting of any part of the Works for which

the Sub-Contractor is already named in the contract;
(b) the provision for labour, or labour component, and,
(c) the purchase of materials which are in accordance with the standards
specified in the contract.
(Note: 1. All bidders are expected to indicate clearly in the bid, if they
proposed sub-contracting elements of the works amounting to more
Page | 243
than 10 percent of the Bid Price. For each such proposal the
qualification and the experience of the identified sub-contractor in
the relevant field should be furnished along with the bid to enable
the employer to satisfy himself about their qualifications before
agreeing for such sub-contracting and include it in the contract. In
view of the above, normally no additional sub-contracting should
arise during execution of the contract.
2. However, [a] sub-contracting for certain specialized elements of the

work is not unusual and acceptable for carrying out the works
more effectively; but vertical splitting of the works for sub-
contracting is not acceptable. [b] In any case, proposal for sub-
contracting in addition to what was specified in bid and stated in
contract agreement will not be acceptable if the value of such
additional sub-contracting exceeds 25% of value of work which
was to be executed by Contractor without sub-contracting.
3. Assignment of the contract may be acceptable only under

exceptional circumstances such as insolvencies/liquidation or merger of
companies etc.)”
GCC 7.1 The ceiling for sub-contractor is 25% [This is in addition to what was
stated in bid and incorporated in contract agreement.].Hiding information
about any sub-contracting not authorized by the Employer shall be treated
as violation of Appendix A to General Conditions (Fraud and
Corruption).
GCC 8.1 Schedule of other contractors: Not applicable
GCC 9 The following is inserted as a sub-clause at the end of GCC 9.2:
“In all the above cases, the contractor shall ensure that the person leaves
the site within seven days and has no further connection with the work in
the contract. The Contractor shall appoint a suitable replacement within 28
days or earlier as may be agreed to between the Project Manager and the
Contractor.”
The following sentence is deleted from first paragraph of GCC 9.4.1:
“The Contractor is encouraged, to the extent practicable and reasonable, to

employ staff and labor with appropriate qualifications and experience from
sources within the Country.”
GCC 9.4.3 and GCC 9.4.4 are deleted.

The following sub-clauses are inserted at the end of GCC 9.4:
“9.5 The Contractor shall not employ any retired Gazetted officer who has
either not completed two years after the date of retirement or has not
obtained permission from the Government authorities for
employment with the Contractor36.
9.6 During continuance of the Contract, the Contractor and his Sub-
Contractors shall abide at all times by all existing labour enactments
and rules made there under, regulations, notifications and bye laws of
the State or Central Government or local authority and any other
labour laws (including rules), regulations, bye laws that may be passed
or notification that may be issued under any labour law prevailing on
the Base Date either by the State or the Central Government or the
local authority. The Contractor shall keep the Employer indemnified
in case any action is taken against the Employer by the competent
authority on account of contraventions including amendments. If the
Employer is caused to pay or reimburse, such amounts as may be
necessary to cause or observe, or for non-observance of the provisions
stipulated in the notifications/bye laws/Acts/Rules/regulations
including amendments, if any, on the part of the Contractor, the
Project Manager/ Employer shall have the right to deduct any money
due to the Contractor including his amount of performance security
and if applicable, the Environmental and Social (ES) Performance
Security. The Employer/ Project Manager shall also have right to
recover from the Contractor any sum required or estimated to be
required for making good the loss or damage suffered by the
Employer.
9.7 The employees of the Contractor and the Sub-Contractor in no case

shall be treated as the employees of the Employer at any point of time.
9.8 The Contractor shall duly comply with the provisions of the
Apprentices Act 1961 (III of 1961) and the rules made there under, and
comply, failure or neglect to shall be subject to all liabilities and
penalties provided in the said Act and Rules.”
GCC 9.1 [insert the name/s of each Key Personnel agreed by the Employer prior to
Contract signature, Schedule of Key Personnel and equipment as indicated
in accepted bid & construction methodology].
36
Based on Government Directives.
Page | 245
GCC13.1 The minimum insurance amounts and deductibles shall be:
S. Description Minimu Maximum

No m deductible
. cover for forInsurance
Insurance
(i) Contractor’s All Risk Contract In the case,
Policy (It shall price + adequate insurance
include, but not Providing is to taken by the
limited to, adequate contractor, and it is
Converging all the insurance taken by the
works, Plant and coverage employer, double
ConstructionEquipme for all the of the insurance
nt, Materials which resources premium paid shall
areincorporated in to be be recovered from
works, Loss or deployed the contractor.
damageto Other for the
Property, Personal work
injuryordeath
insurance: a)
forotherpeople; b)
forContractor‘sEmplo
yees, Third party
liability etc.)
GCC14.1 SiteData are:Enclosed
GCC 15.1 GCC 15.1 is replaced with the following:
“The Contractor shall construct and install the Works in accordance with
the Specifications and Drawings and as per instructions of Project
Manager.”
GCC15.2 The followingis added as sub-clause15.2:
―If so instructed byProject Manager, the Contractorshall submitto the
Project Managerforreview, ahealth and safetymanual,
specificallyprepared forthe Works, theSiteand otherplaces(if
any)wherethe Contractor intends
to execute theWorks. Themanual shall bein addition to anyothersimilar
document required underapplicable health and safetyregulations
andLaws. Thehealth and safetymanual and its updates shallbereviewed
alongwith the Contractor‘s Environmental and Social Management Plan
(C-ESMP) described in sub-clause16.2.‖

GCC 18 The following is inserted as a new sub-clause 18.3.3:

(add new
18.3.3) “18.3.3 During continuance of the contract, the contractor and his sub-
contractors shall abide at all times by all existing enactments on
environmental protection and rules made thereunder, regulations,
notifications and by-laws of the State or Central Government, or local
authorities and other law, bye-law, regulations that may be passed or
notification that may be issued in this respect in future by the State or
Central Government or the local authority. Salient features of the major
laws are given in Appendix 1 to the General Conditions of Contract.”
GCC20.1 The Site Possession Date(s) shall be: Within 10 days from issuance of
letter of acceptance.
GCC 23 The following is inserted as a new sub-clause 23.1.1:
“23.1.1 The Adjudicator should be in position before “notice to proceed

with work” is issued to the Contractor and an agreement should be signed
with the Adjudicator jointly by the Employer and the Contractor in the
form attached – Appendix 3.”
GCC23.1 Name oftheagreed Adjudicator …………………………………
&
GCC23.2 AppointingAuthorityforthe Adjudicator: ……………………………….
GCC 24 In the first sentence in GCC 24.3, the words “The Adjudicator shall be
paid by the hour at the rate” are replaced by the words “The Adjudicator
shall be paid daily at the rate”
GCC 24.3 Dailyrate and types of reimbursable expenses to bepaid to the
Adjudicator:
Rs 10,000 /-per daywithoverallpayment not morethan Rs 50000/- and
reimbursable expenses–boarding/ lodging/ travel etc as applicableto the
designation as per Government of Gujarat travelling allowance rules

amended up to dateof uploadingof tenders.
GCC 24.4 The procedure for Arbitration shall be as follows.
In case the decision of adjudicator is not acceptable to any of the

parties, the aggrieved party will be eligible to invoke the process of
arbitration as per the Gujarat public works contract disputes arbitration
tribunal Act 1992 within 28 days, from the date of the Adjudicator‘s
written decision. In case of no reference made to the arbitration tribunal
under the said act, the adjudicator’s decision shallbe final and binding.
The reference to the adjudicator or to the Arbitration Tribunal under this

clause shall not entitle the contractor/ supplier/service provider to stop
the progress of work.
Page | 247
All matters relating to this contract are subject to the exclusive

jurisdiction of the Courts situated in the State of Gujarat and the
language of the arbitration proceedings and that of all documents and
communications between the parties shall be English.
B.Time Control
GCC 30.1 The Contractor shall submit for approval a Program for the Works within
14 days of delivery of the Letter of Acceptance.
Any revision in Program should only be agreed in writing.
[This program should be in adequate detail and generally conform to the

program submitted along with bid. Deviations if anyfrom that should be
clearly explained and should be satisfactory to theProject Manager]
GCC 30.3 The period between Program updates is 14 days.
The amount to be withheld for late submission of an updated Program is

INR 5,00,000/-
The period for submission of progress reports is [insert number] days.
GCC 31 GCC 31.1 is replaced with the following:
“31.1 The Project Manager shall extend the Intended Completion Date
including milestones if a Compensation Event occurs or a Variation
is issued which makes it impossible for Completion to be achieved
by the Intended Completion Date as per the agreed milestones
without the Contractor taking steps to accelerate the remaining
work, which would cause the Contractor to incur additional cost.”
In GCC 31.2, replace the words “Intended Completion Date” at the first
occurrence by the words “Intended Completion Date/ Milestones”; and at
GCC 34 the second
GCC 34.1 isoccurrence by the
replaced with the words “Intended Completion Date/
following:
Milestone”.
“Either the Project Manager or the Contractor may require the other to
attend a management meeting (which will be held at the place indicated
in PCC. The periodicity shall be fixed by Project Manager/ Contractor
jointly). The business of a management meeting shall be to review the
progress of construction with reference to the construction program given
in accordance with GCC 30.1, the plans for remaining work and to deal
with matters raised in accordance with the early warning procedure.”

GCC 34.1 Venue of management meeting will be: officeofChief Engineer and
Additional Secretary (South Gujarat), Block No. 09, 2nd Floor, New
Sachivalay, Gandhinagar, Gujarat
The management meetings shall be held at intervals of ……..(State the
periodicity).
C.QualityControl
GCC 36 The following sub-clause is inserted at the end of GCC 36.1:

GCC 37 The following
“36.2 sub-clauses
The contractor shallare inserted
permit before GCCTechnical
the Employer’s 37.1, and auditor
GCC 37.1to is
check the contractor’s
re-numbered work and notify the Project Manager and
as GCC 37.3:
Contractor of any defects that are found. Such a check shall not affect the
“GCC 37.1 The
Contractor’s Contractor
or the shall institute
Project Manager’s Quality Assurance
responsibility (QA)
as defined in the and
Contract Agreement.”
Quality Control (QC) systems in accordance with Quality
Assurance Plan to demonstrate compliance with the
requirements of the Contract as approved by the Project
Manager. Compliance with the QA/QC systems shall not
relieve the Contractor of any of his duties obligations or
responsibilities under the Contract.
GCC 37.2 The Contractor shall provide all apparatus, assistance,

documents and other information, electricity, equipment, fuel,
consumables, instruments, labour, materials, and suitably qualified and
GCC 38.1 experienced staff, as are necessary
TheDefectsLiabilityPeriod to carry
is:36Months outall
(For thethe
specified
works tests
having cost
efficiently.”
more than one crore. For works costing one crore or less 12 months
to be suggested.)
GCC 39.1 The following notes are added at the end of GCC 39.1:
“Note: 1. Where in certain cases, the technical specifications provide for

acceptance of works within specified tolerance limits at reduced rates,
Project Manager will certify payments to Contractor accordingly.
2. Where the failure to correct a particular defect within the specified

time is considered as a fundamental breach of contract a notice should
be given to the contractor as stated in GCC 61.2(e).”
D. Cost Control
Page | 249
GCC GCC 41 & 42 are replaced as under:

41&
42 1.The Engineer-in-charge shall have power to make any alterations in or
addition to the original specifications, drawings, designs and
instructions that may appear to him to be necessary or advisable during
the progress of the work and the contractor shall be bound to carry out
the work in accordance with any instructions in this connection which
may be given to him in writing signed by the Engineer-in-charge and
such alternation shall not invalidate the contract and any additional work
which the contractor may be directed to do in the manner above
specified as part of the work shall be carried out by the contractor on the
same conditions in all respects on which he agreed to do the main work
and at the same rate as are specified in the tender for the main work.
2.Except that when the quantity of any item exceeds the quantity as in the
tender by more than 10% the contractor will be paid for the quantity in
excess of 10% at the rate entered in the S. 0. R. of the year during which
the excess in quantity is first executed or tender rate whichever is less.
3.If the additional or altered work includes any class of work for which no
rate is specified in this contract, then such class of work shall be carried
out.
(i) At the rate derived from the item within the contract which is
comparable to the one involving additional or altered class of
work; where there are more than one comparable items, the
item of the contract which is nearest in comparison with
regard to class or classes of the work involved shall be
selected and the decision of the Superintending Engineer as
to the nearest comparable item shall be final and binding on
the contractor.
(ii) if the rate cannot be derived in accordance with (i) above,
such class of works shall be carried out at the rate entered in
the Schedule of Rates of the Division for the year in which
the tender was received, increased or decreased by the
percentage by which the tender amount is more or less as
compared to the amount arrived at the rates in the "Schedule
of Rates" of the Division in the year in which the tender was
received. If the Schedule of rates of the Division does not
contain all the items, the percentage increase or decrease of
the tender shall be calculated considering such items which
were included in the "Schedule of Rates" of the Division for
the year and for materials consumed on such item the rate to
be charged would be the basic rate taken into account for
fixing the rate in S. O. R. referred to above, instead of the
rate stipulated for FREE ISSUE MATERIALS.
(iii) If it is not possible to arrive at the rate from (i) and (ii) above,
such class of work shall be carried out at the rate decided by
the competent authorities on the basis of detailed rate
analysis after hearing the contractor before a Committee of
two superintending Engineers stationed at the same place or
the nearest place.
4.If the additional or altered work, for which no rate is entered in the
"Schedule of Rates" of the Division is ordered to be carried out before
the rate is agreed upon, then the contractor shall within seven days of
the date of receipt by him of the order to carry out the work, inform the
Engineer-in-charge of the rate, which it is his intention to charge for
such class of work and arrange to carry it out in such manner as he may
consider it advisable, provided always that if the contractor shall
commence work or incur any expenditure in regard thereof before the
rates shall have been determined as lastly herein before mentioned, then
in such cases he shall only be entitled to be paid ;In respect of the work
carried out or expenditure incurred by him prior to the date of the
determination of the rate as aforesaid according to such rate or rates as
shall be fixed by the Engineer-in -charge. In the event of the dispute, the
decision of the Superintending Engineer of the Circle shall be final.
Where, however, the work is to be executed according to the designs,

drawings and specifications recommended by the contractor and
accepted by the competent authority, the alternation above referred to
shall be within the scope of such designs, drawings and specifications
appended to the tenders.
The time limit for the completion of the work shall be extended in the
proportion that the increase in the cost occasioned by alternations bears
to the cost of the original contract work and the certificate of the
Engineer-in-charge as to such proportion shall be final and conclusive.
GCC Provisions related to Value Engineering do not apply.

42.7
GCC The second sentence in GCC 43.1 is replaced with the following:
43.1
“The cash flow forecast shall be in Indian Rupees.”
GCC At the end of GCC 44.1 after the word ‘previously’, the following words are
44 added:
“alongwith details of measurement of the quantity of works executed in a

tabular form approved by the Project Manager”
At the end of GCC 44.2 after the words ‘the Contractor’, the following words
are added:
“after taking into account any credit or debit for the month in question in
respect of materials for the works in the relevant amount and under conditions
set forth in GCC Sub-Clause 53.1 (Secured Advance)”
Page | 251
GCC GCC 45.1 is replaced with the following:

45
“Payments shall be adjusted for deductions for advance payments, retention,
other recoveries in terms of contract & taxes to be deducted at source [TDS] as
per applicable law. The Employer shall pay the Contractor the amounts certified
by the Project Manager within 90 days of the date of each certificate. If the
Employer makes a late payment, the Contractor shall be paid interest on the late
payment in the next payment. Interest shall be calculated from the date by
which the payment should have been made up to the date when the late
payment is made at the rate stated in the PCC.”
A new sub-clause 45.5 is added after sub-clause 45.4:
“45.5 The Contractor shall open an Escrow Account with his bank for the
purpose of receiving all the payments as well as incurring expenditure under
this Contract. The Account shall be open to verification and audit at any time
by the Employer or designee of the Employer. This account will be controlled
solely by the Contractor’s Project Officers (Project Manager and/or Finance
Manager or equivalent designate). No other Contractor employees or
associates will have access to the Project Account or the funds therein. The
Contractor shall report monthly on the status of this account including actual
bank account statements. The Contractor shall provide all Account statements
as requested by the Employer.”
GCC Interest rate forDelayedpayment is 5 %perannum
45.1
GCC All payments (and deductions) shall be paid or charged in Indian Rupees.
45.3
GCC Deleted
45.5
GCC The following sub-clause is inserted before GCC 47.1, and GCC 47.1 is re-
47 numbered as GCC 47.2:
“47.1 The rates quoted by the Contractor shall be deemed to be inclusive of the
VAT, Sales and other taxes (including GST) that the Contractor will
have to pay for the performance of this Contract. The Employer will
perform such duties in regard to the deduction of such taxes at source
[TDS] as per applicable law.”
In first line of the re-numbered GCC 47.2, replace the words ‘the date 28 days
before’ with the words ‘the deadline for’.
GCC All payments shall be made in Indian Rupees.
48

GCC GCC 49 is replaced with the following:

49
Price variation clause: Price variation: For (A) Labour (B) Materials and (C)
P.O.L The amounts payable to the contractor for the work done shall be
adjusted for increase or decrease in the rates of labour/ materials excepting
those materials supplied by Government as per Schedule-A and P.O.L. as
under.
(A) Labour: Increase or decrease in the cost due to labour shall be

calculated quarterly in accordance with the following formula.
VI = 0.75 x {pl/100 x R x i-io/io}
VI = increase or decrease in the cost of work during the

quarter under consideration due to change in rates for
labour.
R= The value of work done in rupees during the quarter

under consideration, after excluding the value of extra
items and after deducting the cost of.
i. Materials supplied from the Departmental store to the

Contractor at fixed rate as specified in schedule of
DEPARTMENTALLY ISSED MATERIALS and.
ii. Value of cement, steel and asphalt brought by the
contractor valued at star rate plus the increase/decrease for
which price adjustment is done under clause below: -
io = The average consumer price index for industrial
workers for the quarter in which tenders were opened
(as published in *______________)
i = The average consumer price index for industrial

workers for the quarter under consideration.
pl = Percentage of labour components (specified in

Schedule ______________ %) of the item.
*
This refers to average consumer's price-index
(wholesale) for industrial workers as applicable to
Ahmedabad/ Bhavnagar as published by Government
Page | 253
of India, Ministry of Labour Bureau.
(B) Materials other than cement, Steel and Asphalt: The increase or
decrease in cost of materials other than cement and steel shall be
calculated quarterly in accordance with the following formula:
Vm = 0.75 x {Pm/100 x R x i-io/io}
Vm = Increase or decrease in the cost of work during the

quarter under consideration due to change in the rates
of material


ii. Value of cement, asphalt and steel brought by the
which price adjustment is done under below: -
io = The average wholesale price index *(all
commodities) for the quarter in which tenders were
opened. (as published in @
__________________________________)
i = The average wholesale price index*(all

commodities) for the quarter under consideration.
Pm = Percentage of material components (specified

in Schedule ______________ %) of the item.
@ = For materials wholesale price index as

published by Reserve Bank of India should be
referred to.
(C) P.O.L: The increase or decrease in cost of petrol, diesel, oil and
lubricants shall be calculated quarterly in accordance with the
following formula:

Vd = 0.75 x {pd/100 x R x D-Do/Do}
Vd = Increase or decrease in the cost of work during quarter

of consideration due to change in the rates of petrol,
oil and lubricants (P.O.L.)


ii. Value of cement, steel and asphalt brought by the
which price adjustment is done under clause below:-
Do = The average price of high speed diesel (HSD)
fixed by I.O.C. for the district in which the work is to
be carried out for the quarter in which the tenders
were opened.
D = The average price of HSD fixed by the I.O.C. for

the district in which the work is to be carried out for
the quarter under consideration.
Pd = Percentage of P.O.L component (specified in

schedule) ________ % of the item.
Conditions for variation except for Cement, Steel and Asphalt:

(1) No adjustment shall be done for the work done in the first Eighteen
months of the time limit. Adjustment payable/ recoverable will be
calculated for the remaining work done during the subsequent
period.For such adjustments, no ceiling limit will be applicable.
(2) The sum total price adjustment for B will be excluding the cost of
Materials supplied from the Departmental store to the Contractor at
fixed rate as specified in DEPARTMENTALLY ISSED MATERIALS
and cement, steel and asphalt valued at input rates mentioned as under
on which the sanctioned estimate is based.
QUANITIY INPUT RATE PER

TON
Page | 255
Cement : M R per M.T.

.T s
. .
Mild Steel : M R per M.T.
.T s
. .
TMT/ M R per M.T.
HYSD Bars .T s
: . .
(3) The quarter referred to in the above formula shall mean the quarter of the
calendar year January to March, April to June, July to September and
October to December. Even if the tenders are opened in the middle of a
quarter, the average index for the calendar quarter will be considered.
The same principle would apply for identifying the quarter when the
work is completed in the middle of calendar quarter.
(4) The value of extra items will be excluded for working out the value of 'R'
in the above formula in all these cases.
(5) Intermediate payment of escalation to be made under this clause on each

occasion shall be limited in such a manner that the total up-to-date
payment of escalation will not exceed the proportionate percentage of
the ceiling of escalation as related to the proportionate value of the
contract cost.
(6) Price adjustment shall be applicable only for the work that is carried out
within the stipulated time or extensions thereof as per not attributable to
the contractor. No claims for price adjustment other than those provided
herein shall be entertained.
(7) This clause will be applicable in respect of works which of the estimated
cost put to tender is above Rs.25.00lacs and the time limit involved is
more than 18moths.
Price Variation for Cement, Steel and Asphalt brought by Contractor: The
amounts payable to the contractors for the work done involving use of cement,
steel and asphalt when these materials are not supplied by the Government as
for DEPARTMENTALLY ISSED MATERIALS shall be adjusted for increase
or decrease in the rates of these materials as under.
(4) Price variation for cement, steel and asphalt brought by the contractor.

The star rates for cement, mild steel and for steel & asphalt to be brought by the
Contractor shall be considered Ex-Supply Depot/Godown as under: -
QUANITIY STAR RATES

Cement : M R per Month in
. s M.T. which
T . Draft
. Tender
Mild Steel : M R per papers
. s M.T. (DTPs) is
T . approved
.
TMT/HYS M R per
D Bars : . s M.T.
T .
.
Asphalt M R per
60/70 : . s M.T.
T .
.
Asphalt M R per
80/100 : . s M.T.
T .
.
[The above star rates are linked with Reserve Bank of India price
index for steel and cement & asphalt for the month in which the
DTPs are approved.
The month in which DTPs are approved will be specified in the
tender document.
Star rates should be mentioned in the tender copy as under:
I. For cement, Price of cement from authorized dealer should be obtained

for the month in which the D.T.P.s are approved & mentioned as star
rate before issue of tender copy.
II(a) For steel & H.Y.S.D. bars, rate of SAIL should be obtained for the month
in which the DTPs. are approved and mentioned as star rate before issue
of tender copy.
II(b) For asphalt the Star Rate is based on the Koyali Refinery prevailing in the
month of which D.T.P is approved and should be mentioned before
issue of tender copy.
III. For basic index specific month in which the DTPs are approved should be
Page | 257
mentioned before issue of tender copy.]
The fluctuations in rates of cement and steel shall be adjusted in the bills
payable to the contractors as under:
A=B x {C1/C0 – 1} x D
A= Difference of Amount payable or recoverable B= Star rate of

steel/cement/asphalt.
C1- The (quarterly) average corresponding index for steel, cement, asphalt for
the quarter under consideration (as published in monthly bulletin or Reserve
Bank of India)
Co. – Price index of cement/steel asphalt for the month in which the DTPs are
approved published in monthly bulletin of Reserve Bank of India.)
D-- Qty. of cement/steel actually brought by the contractor on site of work and
consumed in the work during the quarter duly supported with bill as recorded in
cement consumption register or MB (for steel).
Conditions for variation prices of cement and steel only.: -
1.No ceiling escalation for difference in the cost of steel and cement will be
applicable.
2.This clause shall be operative from the date of issue of work order and up
to the expiry of original and extended time limit, if the delay for the
reasons attributable to the contractor, Star rate is not payable, however
recovery will be effected.
3.This formula shall be used individually for Cement/mild steel and Tor
steel for calculation adjustment.
4.The cement and steel brought by the contractor on site of work shall be
used only after the same in tested by the Department.
5.If such materials are not found as per the requirement of L.S specification,
the same shall be removed by the contractor for which no claim shall be
entertained
6.This Cause will be applied to the work inspective of the cost of the work.
Conditions for variation in rates of asphalt only: -

1.The Contractor shall procure asphalt directly from refinery only

2.The Contractor will not be furnished "P" form for purchase of quantity of
asphalt required for this work.
3.The Contractor will have to produce in original all the gate passes issued
by the refinery and also the bill in original to the Engineer-in-charge.
4.The number of transport tanker carrying the asphalt shall be furnished by
the contractor.
5.The test certificate regarding the grade of asphalt as well as test result of
asphalt from GERI Laboratory or other Laboratory approved by R & B
Department shall have to be produced.
6.The difference between two actual rates of purchase as per original bill of
the refinery produced and the star rate shown above in this clause shall
be payment/ recoverable for the quantity of asphalt actually used in the
work. This difference shall be Payable /recoverable for the asphalt
consumed in the work executed during original & extended time limit, if
time limit is extended for reasons of delay attributable to the
department. This difference shall not payable for the work executed in
extended time limit, when extension is given for the reason of delay
attributable to the contractor, however in case if price of asphalt is
decreased during the extended time limit than difference between the
actual rate of purchase and the quoted star rate shall be recovered from
the contractor.
7.(A) The difference will be payable/recoverable for the asphalt procured on
and after the date of issue of work order and this price variation will not
be subject to any ceiling. In case the contractor has procured the asphalt,
before issue of work order either of original purchase rate or the
prevailing rate of asphalt at the time of actual consumption in the work,
whichever is less, will be considered for calculating the difference
payable / recovered.
(B). variation in rates of asphalt shall be payable only after cross
verification of refinery gate passes of asphalt with the issuing refinery or
in case of imported asphalt invoices shall be cross verified with the
statutory documents of the authorized dealer and authorized importer.
8.No advance payment or secured Advance will be payable against asphalt.
9.This part of clause for price variation of asphalt will be applicable for
works estimated to cost above Rs. 5 Lacs and involving use of asphalt.
10. It is permissible to use asphalt product by Private Companies like
ESSAR and imported asphalt also. If the contractor opt to use asphalt
produced by Private Companies or imported asphalt.
a. The Contractor can procure asphalt produced by Private
company of India or imported asphalt and use in the work.
b. The Contractor will have to produce in original, the purchase
invoice of asphalt.
c. All the conditions for variation in rates of asphalt shall be
applicable for the imported asphalt.
Page | 259
d. For calculation of variation in the rate of asphalt, the rate

prevalent at Indian port at the time of purchase in case of
imported asphalt or the rate as per purchase invoice in case of
asphalt purchased from private Indian company or Ex. Refinery
rate of Indian Public Sector undertaking refinery (IOC, HPCL,
BPCL) in the date of purchase, whichever is less, shall be
considered for working out the difference and for comparison of
the Star rate shown above in this clause. This difference shall be
payable / recoverable for the asphalt consumed in the work
executed during original & extended time limit if time limit is
extended for reasons of delay attributable to the department. This
difference shall not be payable for the work executed in
extended time limit, when extension is given for the reason of
delay attributable to the contractor, however in case if price of
asphalt is decreased than difference between the actual rate of
purchase and the quoted star rate shall be recovered from the
contractor.
11. If the contractor use imported Asphalt, it will be verified that the
imported Asphalt to be used is of specified viscosity Grade before
permitting to use imported Asphalt. Grade Certificate of Refinery from
which Asphalt is imported only must be obtained. Grade Certificate of
any other Laboratory / institution should not be accepted. For testing of
imported asphalt, six conditions stipulated in R&B Circular No.
STR/102006/1577/8/H Dated 22-11-2017 should also be compiled with.
The price Adjustment will be done Quarterly
GCC Theproportion ofpayments retained (RetentionMoney)shall be6% from

50.1 eachbill subject to themaximumof 5%of final contract price.
GCC The last line of GCC 50.2 is replaced with the following:
50.2
“On completion of the whole works the Contractor may substitute the balance
retention money with an “on demand” Bank guarantee.”

GCC In the first sentence of GCC 51.1, the following words are inserted after the
51 words ‘Intended Completion Date’:
“(for the whole of the works or the milestones as stated in the PCC)”
The following is inserted as a sub-paragraph at the end of GCC 51.1:
“Time is the essence of the contract and payment or deduction of liquidated

damages shall not relieve the contractor from his obligation to complete the
work as per agreed construction program and milestones, or from any of the
Contractor’s other obligations and liabilities under the contract.”
In the first sentence in GCC 51.2 the following words are inserted after the
words ‘Intended Completion Date’:
“including milestones”
GCC Theliquidated damagesforthe whole ofthe Works are[0.05%of the final

51.1 Contract Price] per day.Themaximum amount ofliquidated damages for the
whole ofthe Works is[10 percentage]of thefinalContract Price.
Formilestone1 Rs. perday
Formilestone2 Rs. per day
Formilestone3 Rs. per day
GCC Provisions related to Bonus do not apply.

52.1
GCC The following is inserted as a new sub-clause 53.4:
53
“The Project Manager shall make advance payment in respect of materials
intended for but not yet incorporated in the Works in accordance with
conditions stipulated in the PCC.”
GCC4 Advance Payments shall be made in Indian Rupees only . The amountofthe
9.1 Advance Payments are:
Nature of Advance Amount (Rs. )Conditionsto be fulfilled
1. Mobilization :5% of theContract price On submission ofunconditional
BankGuarantee.
2. Advance Against Machineries:
Page | 261
(i) Secured advance on plants and machineries brought to the site of

work is admissible for the contracts estimated to cost more than
Rs. Ten Lacs.
(ii) Simple interest in such advance granted to contractor against

plants and machineries brought to work sites be charged at the
rate ofNIL % per annum.
(iii)The recovery of the advance shall be affected from the second

month from the month in which advance is given and full
recovery will be completed by the time seventy-five percent of
scheduled time is completed.
(iv) Such advance will be limited to 5 percent of the estimated

amount put to tender.
(v) The advance will be granted for the plant and machinery actually
brought to the site of work.
(vi) The machinery and equipment on which the advance is granted

shall be of full undisputed ownership of the contractor, and they
shall be hypothecated to Government and also comprehensively
insured till the advance granted is fully recovered. The
hypothecation deed shall be executed separately before the
advance is actually given.
(vii) The advance will be granted as 75 percent of the cost of new

equipment for which the contractor is able to produce purchase-
vouchers and other documents. This will not be applicable in the
case of second – hand equipment purchased the contractor.
(viii) In the case of used or second hand equipment brought by

the contractor advance will be allowed at 50 percent of the value
of the equipment arrived at in the following manner.
a. For used equipment, for which the records of original

purchase price and past utilization are available,
depreciated value, so worked out will be subject to the
confirmation by Mechanical wing of the Department.
b. For used equipment, for which proper records of purchase
price and past utilization are not available, the value will
be assessed by a committee of Executive Engineers of
Civil and Mechanical Wings. The value assessed will be

based on the probable age of the equipment, its present

condition and its probable depreciated value. In working
out depreciation age of the equipment, its present
condition and its department of spares, repair,
reconditioning of the equipments shall not be taken in to
account towards the capital cost. The value arrived at by
the committee will be final.
(ix) No advance may be allowed for equipment which is more than 8
years old or which has already worked for more than 80 percent
of its life.
(x) No advance shall be given on transport – vehicles like jeeps,
station – wagons, estate – car and such other vehicle ordinarily
required for transport purposes.
(xi) The recovery will have to be completed within the stipulated
period of completion of work i.e…………months.
[Specified advance on plant and machinery brought on site of
work can be given to contractor only after prior approval of the
Government]
(The advancepayment will be paid to the Contractor no later than 15 days after
fulfilment of the above conditions).
3. Secured Advance: Not Applicable
Repayment of advancepayment formobilization:

The advance shall be repaid with percentage deductions from the interim
payments certified by the Project Manager under the Contract. Deductions
shall commence in the next Interim Payment Certificate following that in which
the total of all such payments to the contractor has reached not less than 15
percent of the Contract Price or 9 months from the date of payment of first
installment of advance, whichever period concludes earlier, and shall be made
at the rate of 15% of the amounts of all Interim Payment Certificates until such
time as the advance has been repaid, always provided that the advance shall be
completely repaid prior to the expiry of the original time for completion.
On recovery of 100% amount paid against of the Advance Payment, the

Employer shall release the Bank Guarantee to the Contractor, within 21 days
from such request made by the Contractor. If the terms of the guarantee specify
its expiry date, and the advance payment has not been repaid by the date 21
days prior to the expiry date, the Contractor shall extend the validity of the
guarantee until the advance payment is repaid.
Page | 263
GCC GCC 54.1 is replaced with the following:

54
“The Performance Security and an Environmental and Social (ES) Performance
Security shall be provided to the Employer no later than the date specified in the
Letter of Acceptance and shall be issued in the amounts specified in the PCC,
and shall be issued by a Nationalized or Scheduled bank in India. The
Performance Security including additional security for unbalanced bids, and the
ES Performance Security, shall be valid until a date 28 days from the date of
issue of the Certificate of Completion.
If the terms of the Performance Security and additional security , specify its expiry
date, and the Contractor has not become entitled to receive the Completion
Certificate by the date 28 days prior to the expiry date, the Contractor shall extend
the validity of the Performance Security and additional security, until the end of
extended Completion Period.”
GCC The Performance Security amount is 5 percent of Contract Amount plus

54.1 additional security for unbalanced bids [in terms of ITB Clause 41.2], and
Environmental and Social (ES) Performance Security amount is 1 percent of
Contract Amount .
The standard forms of Performance Security and if applicable ES Security

acceptable to the Employer shall be unconditional Bank Guarantees from
Scheduled or Nationalized banks in India of the types as presented in Section X
of the Bidding Document.
[Notes: The Bank Guarantees shall be unconditional (on demand) (see Section
X, Contract Forms).
Throughout this bidding document the term ’performance security’, unless the
context clearly indicates otherwise, means and includes both ‘the performance
security and the ES performance security’ to be submitted by the successful
bidder in the amounts specified above.

E. Finishingthe Contract
GCC 59.1 The following is added after the words ‘issue a payment certificate’ at the
end of GCC 59.1:
“within 56 days of receiving the contractor’s revised account”

GCC 60.1 The date by which operating and maintenance manuals are required is
within 28 days of issue of certificate of completion of whole or section of
work, as the case may be 365 Days after commencement of work.
The date by which “as built” drawings (in scale1:25) including a compact
disc containing digitized drawings in 2 sets are required is within 28 days
of issue of certificate of completion of whole or section of the work, as the
case may be 365 Days after commencement of work.
GCC 60.2 The amount to be withheld for failing to produce “as built” drawings
and/or operating and maintenance manuals by the date required in GCC
60.1 is 1% of the Bid value.
GCC 61 The following sub-clauses are added after GCC 61.2 (h):
“(i) The contractor has contravened Clauses 7 and 9 of GCC.

(j) The contractor does not adhere to the agreed construction program,
agreed ES-MSIP [Clause 30 of GCC], and also fails to take satisfactory
remedial action as per agreements reached in the management meetings
[Clause 30 of GCC] for a period of 60 days.
(k) The contractor fails to carry out the instructions of the Project
Manager within a reasonable time determined by the Project Manager in
accordance with GCC Clause 15.1 and 22.
GCC The maximum number of days is: 200 days after commencement of
61.2(g) works
GCC Hiding any information regarding changes in roles and responsibilities of
61.2(l) JV members, which is not authorized by the Employer, shall also be
treated as violation of Appendix A to General Conditions (Fraud and
Corruption).
GCC 62 The following is added after the words ‘issue of the certificate’ in the first
sentence of GCC 62.1;
“less other recoveries due in terms of contract, less taxes to be deducted at

source [TDS] as per applicable law,”
The following is added after the words ‘date of the certificate’ at the end of
GCC 62.2:
“less other recoveries due in terms of contract, less taxes to be deducted at

source [TDS] as per applicable law”
Page | 265
GCC 62.1 The percentage to apply to the value of the work not completed,
representing the Employer’s additional cost for completing the Works, is
25%.
GCC Not Applicable
66.6(b)
GCC Not Applicable

66.6(d)
GCC Not Applicable

66.6(e)

Appendices
Page | 267
Appendix 1
Salient Features of Labour & Environment Protection Laws37
SALIENT FEATURES OF SOME MAJOR LABOUR LAWS
APPLICABLE TO ESTABLISHMENTS ENGAGED IN BUILDING AND OTHER

CONSTRUCTION WORK
(a) Employees Compensation Act 1923: The Act provides for compensation in
case of injury, disease or death arising out of and during the course of
employment.
(b) Payment of Gratuity Act 1972: gratuity is payable to an employee under the
Act on satisfaction of certain conditions on separation if an employee has
completed 5 years’ service or more or on death at the rate of 15 days wages
for every completed year of service. The Act is applicable to all
establishments employing 10 or more employees.
(c) Employees P.F. and Miscellaneous Provision Act 1952 (since amended): The
Act provides for monthly contribution by the employer plus workers @ 10%
or 8.33%. The benefits payable under the Act are:
(i) Pension or family pension on retirement or death, as the case may be.
(ii) Deposit linked insurance on the death in harness of the worker.
(iii)Payment of P.F. accumulation on retirement/death etc.
(d) Maternity Benefit Act 1961: The Act provides for leave and some other
benefits to women employees in case of confinement or miscarriage etc.
(e) Sexual Harassment of Women at the Workplace (Prevention, Prohibition and

Redressal) Act, 2013: This Act defines sexual harassment in the workplace,
provides for an enquiry procedure in case of complaints and mandates the
setting up of an Internal Complaints Committee or a Local Complaints
37
This list is only illustrative and not exhaustive. Bidders and Contractors are responsible for checking
the correctness and completeness of the list. The law as current on the date of bid opening will
apply.
Section X – Contract Forms
Committee
(f) Contract Labour (Regulation & Abolition) Act 1970: The Act provides for
certain welfare measures to be provided by the Contractor to contract labour
and in case the Contractor fails to provide, the same are required to be
provided, by the Principal Employer by law. The Principal Employer is
required to take Certificate of Registration and the Contractor is required to
take license from the designated Officer. The Act is applicable to the
establishments or Contractor of Principal Employer if they employ 20 or
more contract labour.
(g) Minimum Wages Act 1948: The Employer is supposed to pay not less than
the Minimum Wages fixed by appropriate Government as per provisions of
the Act if the employment is a scheduled employment. Construction of
Buildings, Roads, Runways are scheduled employments.
(h) Payment of Wages Act 1936: It lays down the mode, manner and by what
date the wages are to be paid, what deductions can be made from the wages
of the workers.
(i) Equal Remuneration Act 1976: The Act provides for payment of equal wages
for work of equal nature to male and female workers and for not making
discrimination against Female employees in the matters of transfers, training
and promotions etc.
(j) Payment of Bonus Act 1965: The Act is applicable to all establishments
employing 20 or more employees. Some of the State Governments have
reduced this requirement from 20 to 10. The Act provides for payments of
annual bonus subject to a minimum of 8.33% of the wages drawn in the
relevant year. It applies to skilled or unskilled manual, supervisory,
managerial, administrative, technical or clerical work for hire or reward to
employees who draw a salary of Rs. 10,000/- per month or less. To be
eligible for bonus, the employee should have worked in the establishment for
not less than 30 working days in the relevant year. The Act does not apply
to certain establishments.
(k) Industrial Disputes Act 1947: the Act lays down the machinery and
procedure for resolution of Industrial disputes, in what situations, a strike or
lock-out becomes illegal and what are the requirements for laying off or
retrenching the employees or closing down the establishment.
(l) Trade Unions Act 1926: The Act lays down the procedure for registration of
trade unions of workmen and employers. The Trade Unions registered under
the Act have been given certain immunities from civil and criminal liabilities.
Page | 269
(m) Child Labour (Prohibition & Regulation) Act 1986: The Act prohibits
employment of children below 14 years of age in certain occupations and
processes and provides for regulation of employment of children in all other
occupations and processes. Employment of Child Labour is prohibited in the
Building and Construction Industry.
(n) Inter-State Migrant workmen’s (Regulation of Employment & Conditions of

Service) Act 1979: The Act is applicable to an establishment which employs
5 or more inter-state migrant workmen through an intermediary (who has
recruited workmen in one state for employment in the establishment situated
in another state). The Inter-State migrant workmen, in an establishment to
which this Act becomes applicable, are required to be provided certain
facilities such as housing, medical aid, traveling expenses from home upto the
establishment and back,etc.
(o) The Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Act 1996 and the Building and Other Construction
Workers Welfare Cess Act, 1996 (BOCWW Cess Act): All the
establishments who carry on any building or other construction work and
employ 10 or more workers are covered under these Acts. All such
establishments are required to pay cess at the rate not exceeding 2% of the
cost of construction as may be notified by the Government. The Employer of
the establishment is required to provide safety measures at the building or
construction work and other welfare measures, such as Canteens, First –Aid
facilities, Ambulance, Housing accommodations for workers near the work
place etc. The Employer to whom the Act applies has to obtain a registration
certificate from the Registering Officer appointed by the Government.
(p) Factories Act 1948: the Act lays down the procedure for approval of plans
before setting up a factory engaged in manufacturing processes, health and
safety provisions, welfare provisions, working hours, annual earned leave and
rendering information regarding accidents or dangerous occurrences to
designated authorities. It is applicable to premises employing 10 persons or
more with aid of power or 20 or more persons without the aid of power.
(q) Weekly Holidays Act -1942
(r) Bonded Labour System (Abolition) Act, 1976: The Act provides for the
abolition of bonded labour system with a view to preventing the economic
and physical exploitation of weaker sections of society. Bonded labour covers
all forms of forced labour, including that arising out of a loan, debt or
advance.
(s) Employer’s Liability Act, 1938: This Act protects workmen who bring suits
for damages against employers in case of injuries endured in the course of
employment. Such injuries could be on account of negligence on the part of

the employer or persons employed by them in maintenance of all machinery,
equipment etc. in healthy and sound condition.
(t) Employees State Insurance Act 1948: The Act provides for certain benefits to
insured employees and their families in case of sickness, maternity and
disablement arising out of an employment injury. The Act applies to all
employees in factories (as defined) or establishments which may be so
notified by the appropriate Government. The Act provides for the setting up
of an Employees’ State Insurance Fund, which is to be administered by the
Employees State Insurance Corporation. Contributions to the Fund are paid
by the employer and the employee at rates as prescribed by the Central
Government. The Act also provides for benefits to dependents of insured
persons in case of death as a result of an employment injury.
(u) The Personal Injuries (Compensation Insurance) Act, 1963: This Act provides
for the employer’s liability and responsibility to pay compensation to
employees where workmen sustain personal injuries in the course of
employment.
(v) Industrial Employment (Standing Order) Act 1946: It is applicable to all

establishments employing 100 or more workmen (employment size reduced
by some of the States and Central Government to 50). The Act provides for
laying down rules governing the conditions of employment by the Employer
on matters provided in the Act and get the same certified by the designated
Authority.
Page | 271
SALIENT FEATURES OF SOME OF THE MAJOR LAWS THAT ARE APPLICABLE
FOR PROTECTION OF ENVIRONMENT.
1. The Environment (Protection) Act, 1986 and as amended: This provides for the
protection and improvement of environment and for matters connected therewith, and
the prevention of hazards to human beings, other living creatures, plants and property.
‘Environment’ includes water, air and land and the inter-relationship which exists among
and between water, air and land, and human beings, other living creatures, plants, micro-
organism and property.
2. The Forest Conservation Act, 1980, as amended, and Forest (Conservation) Rules, 1981
as amended: These provides for protection of forests by restricting conversion of
forested areas into non- forested areas and prevention of deforestation, and stipulates the
procedures for cutting any trees that might be required by the applicable rules.
Permissions under the Act also stipulates the norms and compliance requirements of the
employer and any contractor on behalf of the employer.
3. State Tree Preservation Acts as may be in force: These provide for protection of trees of
important species. Contractors will be required to obtain prior permission for full or
partial cutting, uprooting, or pruning of any such trees.
4. The Wildlife (Protection) Act, 1972, and as amended: This provides for protection of
wildlife through notifying National Parks and Sanctuaries and buffer areas around these
zones; and to protect individuals of nationally important species listed in the Annex of
the Act.
5. The Biological Diversity Act, 2002: This provides for conservation of biological
diversity, sustainable use of components of biological diversity, and fair and equitable
sharing of the benefits arising out of the use of biological resources, knowledge and for
matters connected therewith or incidental thereto.
6. The Public Liability Insurance Act, 1991 as amended and The Public Liability Insurance
Rules, 1991 as amended: These provide for public liability insurance for the purpose of
providing immediate relief to the persons affected by accident occurring while handling
hazardous substances and for mattes connected herewith or incidental thereto.
Hazardous substance means any substance or preparation which is defined as hazardous
substance under the Environment (Protection) Act 1986, and exceeding such quantity as
may be specified by notification by the Central Government.
7. The Ancient Monuments and Archaeological Sites and Remains Act, 1958 and the
Ancient Monuments and Archaeological Sites and Remains (Amendment and
Validation) Act, 2010, the Ancient Monuments and Archaeological Sites and Remains
Rules, 1959 amended 2011, the National Monuments Authority Rules, 2011 and the
similar State Acts: These provide for conservation of cultural and historical remains
found in India. Accordingly, area within the radii of 100m and 300m from the “protected
property” are designated as “protected area” and “controlled area” respectively. No

development activity (including building, mining, excavating, blasting) is permitted in
the “protected area” and development activities likely to damage the protected property
is not permitted in the “controlled area” without prior permission of the Archaeological
Survey of India (ASI) or the State Departments of Art and Culture or Archaeology as
applicable.
8. The Environmental Impact Assessment Notification, 2006 and as amended: This
provides for prior environmental clearance for new, modernization and expansion
projects listed in Schedule 1 of the Notification. Contractors will be required to ensure
that no work starts until applicable clearances under the Notification is not available.
Contractors will be responsible for implementation of any environmental management
plan stipulated as per the permission under this Notification; and will be required to
prepare and submit to the employer and compliance report stipulated in the permission
under the Notification.
9. The Water (Prevention and Control of Pollution) Act, 1974 as amended, and the Water
(Prevention and Control of Pollution) Rules, 1975 as amended: These provide for the
prevention and control of water pollution and the maintaining and restoring of
wholesomeness of water. ‘Pollution’ means such contamination of water or such
alteration of the physical, chemical or biological properties of water or such discharge of
any sewage or trade effluent or of any other liquid, gaseous or solid substance into
water(whether directly or indirectly) as may, or is likely to, create a nuisance or render
such water harmful or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms. Contractors will need to obtain consent for establishment
and consent for operation of any item of work or installation of equipment that generates
waste water, and observe the required standards of establishment and operation of these
items of work or installations; as well as install and operate all required waste water
treatment facilities.
10. The Water (Prevention and Control of Pollution) Cess Act, 1977 and The Water
(Prevention and Control of Pollution) Cess Rules, 1978: These provide for the levy and
collection of a cess on water consumed by persons carrying on certain industries and by
local authorities, with a view to augment the resources of the Central Board and the State
Boards for the prevention and control of water pollution under the Water (Prevention
and Control of Pollution) Act, 1974.
11. The Air (Prevention and Control of Pollution) Act, 1981 as amended, and the Air
(Prevention and Control of Pollution) Rules, 1982: These provides for prevention,
control and abatement of air pollution. ‘Air Pollution’ means the presence in the
atmosphere of any ‘air pollutant’, which means any solid, liquid or gaseous substance
(including noise) present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property or environment.
Contractors will need to obtain consent for establishment and consent for operation of
any item of work or installation of equipment that generates air pollution such as
batching plants, hot mix plants, power generators, backup power generation, material
handling processes, and observe the required standards of establishment and operation of
these items of work or installations.
12. Noise Pollution (Control and Regulation) Rules, 2000, and as amended: This provides
for standards for noise for day and night for various land uses and specifies special
Page | 273
standards in and around sensitive receptors of noise such as schools and hospitals.
Contractors will need to ensure compliance to the applicable standards, and install and
operate all required noise control devices as may be required for all plants and work
processes.
13. Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996:
This provides for Requirement of preparation of on-site and off-site Disaster
Management Plans for accident-prone areas.
14. The Explosives Act 1884 and the Explosives Rules, 2008: These provide for safe
manufacture, possession, sale, use, transportation and import of explosive materials such
as diesel, Oil and lubricants etc.; and also for regulating the use of any explosives used
in blasting and/or demolition. All applicable provisions will need compliance by the
contractors.
15. The Petroleum Rules, 2002: This provides for safe use and storage of petroleum
products, and will need to be complied by the contractors.
16. The Gas Cylinder Rules 2004 and amendments: This provides for regulations related to
storage of gas, and possession of gas cylinder more than the exempted quantity.
Contractors should comply with all the requirements of this Rule.
17. Manufacture, Storage and Import of Hazardous Chemical Rules of 1989 and as
amended: These provide for use and storage of hazardous material such as highly
inflammable liquids like HSD/LPG. Contractors will need to ensure compliance to the
Rules; and in the event where the storage quantity exceeds the regulated threshold limit,
the contractors will be responsible for regular safety audits and other reporting
requirements as prescribed in the Rules.
18. Hazardous & Other Wastes (Management and Transboundary Movement) Rules, 2016:
These provide for protection of general public from improper handling storage and
disposal of hazardous waste. The rules prescribe the management requirement of
hazardous wastes from its generation to final disposal. Contractors will need to obtain
permission from the State Pollution Control Boards and other designated authorities for
storage and handling of any hazardous material; and will to ensure full compliance to
these rules and any conditions imposed in the permit.
19. The Bio Medical Waste Management Rules, 2016: This provides for control, storage,
transportation and disposal of bio-medical wastes. As and where the contractor has any
first aid facility and dispensaries, established in either temporary or permanent manner,
compliance to these Rules are mandatory.
20. Construction and Demolition Waste Management Rules, 2016: This provides for
management of construction and demolition waste (such as building materials possible
to be reused, rubble and debris or the like); and applies to all those waste resulting from
construction, re-modelling, repair or demolition of any civil structure. Contractor will
need to prepare a waste disposal plan and obtain required approval from local
authorities, if waste generation is more than 20 tons in any day or 300 tons in any month
during the contract period; and ensure full compliance to these rules and any conditions
imposed in the regulatory approval.
21. The E-Waste (Management) Rules, 2016: This provides for management of E-wastes

(but not covering lead acid batteries and radio-active wastes) aiming to enable the
recovery and/or reuse of useful material from e-waste, thereby reducing the hazardous
wastes destined for disposal and to ensure the environmentally sound management of all
types of waste of electrical and electronic equipment. This Rule applies to every
manufacturer, producer, consumer, bulk consumer, collection centers, dealers, e-retailer,
refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase,
collection, storage and processing of e-waste or electrical and electronic equipment listed
in Schedule I, including their components, consumables, parts and spares which make
the product operational.
22. Plastic waste Management Rules, 2016: This provides for control and management of
the plastic waste generated from any activity. Contractors will ensure compliance to this
Rule.
23. The Batteries (Management and Handling) Rules 2001: This provides for ensuring safe
disposal and recycling of discarded lead acid batteries likely to be used in any equipment
during construction and operation stage. Rules require proper control and record keeping
on the sale or import of lead acid batteries and recollection of the used batteries by
registered recyclers to ensure environmentally sound recycling of used batteries.
Contractors will ensure compliance to this Rule.
24. The Ozone Depleting Substances (Regulation and Control) Rules, 2000 and as amended:
This provides for regulation of production and consumption of ozone depleting
substances in the country, and specifically prohibits export to or import from countries
not specified in the Rules, and prohibits unless specifically permitted, any use of ozone
depleting substance.
25. The Coastal Regulation Zone Notifications, 1991 and as amended: This provides for
regulation of development activities within the 500m of high tide line in coastal zone
and 100m of stretches of rivers and estuaries influenced by tides. Contractors will be
required to ensure that no work starts until applicable clearances under the Notification
is not available. Contractors will be responsible for implementation of any plan
stipulated as per the permission under this Notification; and will be required to prepare
and submit to the employer and compliance report stipulated in the permission under the
Notification.
26. The Motor Vehicle Act 1988 as amended (and State Motor Vehicle Acts as may be in
force) and the Motor Vehicle Rules, 1989, and as amended (and State Motor Vehicle
Rules as may be in force): To minimize the road accidents, penalizing the guilty,
provision of compensation to victim and family and check vehicular air and noise
pollution. Contractors will be required to ensure full compliance to these rules.
27. Easement Act, 1882: This provides for the rights of landowners on groundwater.
Contractors will need to ensure that other landowners’ rights under the Act is not
affected by any groundwater abstraction by the contractors.
28. State Groundwater Acts and Rules as may be in force and the Guidelines for
Groundwater Abstraction for drinking and domestic purposes in Notified Areas and
Industry/Infrastructure project proposals in Non-Notified areas, 2012: These provide for
regulating extraction of ground water for construction/industrial and drinking and
domestic purposes. Contractors will need to obtain permission from Central/State
Page | 275
Groundwater Boards prior to groundwater abstraction through digging any bore well or
through any other means; and will to ensure full compliance to these rules and any
conditions imposed in the permit.
29. The Mines Act, 1952 as amended; the Minor Mineral and concession Rules as amended;
and the State Mineral (Rights and Taxation) Acts as may be in force: These provide for
for safe and sound mining activity. The contractors will procure aggregates and other
building materials from quarries and borrow areas approved under such Acts. In the
event the contractors open any new quarry and/or borrow areas, appropriate prior
permission from the State Departments of Minerals and Geology will need to be
obtained. Contractors will also need to ensure full compliance to these rules and any
conditions imposed in the permit.
30. The Insecticides Act, 1968 and Insecticides Rules, 1971 and as amended: These provide
for regulates the manufacture, sale, transport, distribution, export, import and use of
pesticides to prevent risk to human beings or animals, and for matters connected
therewith. No one should import or manufacture; sell, stock or exhibit foe sale;
distribute, transport, use: (i) any misbranded insecticides, (ii) any insecticide the sale,
distribution or use of which is for the time being prohibited under the Act; and (iii) any
insecticide except in accordance with the condition on which it was registered under the
Act.
31. National Building Codes of India, 2005 and as amended: This provides guidelines for
regulating the building construction activities in India. The code mainly contains
administrative regulations, development control rules and general building requirements;
stipulations regarding materials, structural design and construction; and building and
plumbing services. Contractors will be required to comply with all Bureau of Indian
Standards Codes dealing with: (i) use and disposal of asbestos containing materials in
construction; (ii) paints containing lead; (iii) permanent and temporary ventilations in
workplace; (iv) safety, and hygiene at the workplace; (v) prevention of fire; (vi)
prevention of accidents from faulty electrical gadgets, equipment and accessories; and all
other such codes incidental to the Contract.

BOQ SCHEDULES
[The following Schedules are for example only. The schedules may be modified and
specified as appropriate for each work]
Schedule 1: Rockfall Protection up to 20 m Height
Schedule 2: Rockfall Protection up to 30 m Height
Page | 277
Appendix - 338
Appointment of Adjudicator
Suggested Draft of Letter of Appointment of Adjudicators in civil works contracts
Sub:____________________________________________________(Name of the
Contract)
To
Name and address of the Adjudicator
We hereby confirm your appointment as Adjudicator for the above contract to carry out the
assignment specified in this Letter of Appointment.
For administrative purpose____________________(name of the officer representing the

Employer) has been assigned to administer the assignment and to provide the Adjudicator
with all relevant information needed to carry out the assignment on behalf of both the
employer and the contractor. The services will be required during the period of contract for
the work of (Name of the Contract)_______________________.
The Adjudicator shall visit the worksite once in 3 (three)months till the completion of the
work indicated above or as specifically requested by Employer/ Contractor for the period
up to the end of defects liability period with prior intimation to the Employer and the
contractor. The duration of each visit shall ordinarily be for one day only. These durations
are approximate and (Name of the employer and Name of the Contractor) may find it
necessary to postpone or cancel the assignment and/or shorten or extend the duration.
The appointment will become effective upon confirmation of letter by you. The
appointment of Adjudicator shall be liable for termination under a 30 (thirty) days written
notice from the date of issue of the notice, if both Employer and the Contractor so desire.
Also the appointment shall automatically stand terminated 14 days after the defect notice /
correction period as stated in Clauses 23 and 24 of the Conditions of Contract is over.
38
If ITB 51makes provision of an Adjudicator from list provided by an institution, kindly modify Appendix 3 to
state that the fee and reimbursable payable to the adjudicator shall be as per the rules of the Institution.
The Adjudicator will be paid a fee of Rs.______ (Rupees ____________only) per each day
of visit at the worksite. The actual expenses for boarding and traveling in connection with
the assignment will be reimbursed to the Adjudicator. The Adjudicator will submit a pre-
receipted bill in triplicate to the employer indicating the date of the visit, fees for the visit
and a proof in support of the actual expenditure [only for items valued above Rs. 500 each]
incurred by him against boarding, lodging and traveling expenses after performing the visit
on each occasion. The Employer will make the admissible payment (both the Employer’s
and the Contractor’s share) to the Adjudicator within 30 days of the receipt of the bill. The
Contractor’s share on this account (half the paid amount) will be recovered by the
Employer from the Contractor’s bills against the work.
In accepting this assignment, the Adjudicator should understand and agree that he is
responsible for any liabilities and costs arising out of risks associated with travel to and
from the place of emergency repatriation, loss or damage to personal/professional effects
and property. The Adjudicator is advised to effect personal insurance cover in respect of
such risks if he does not already have such cover in place. In this regard, the Adjudicator
shall maintain appropriate medical, travel, accident and third-party liability insurance. The
obligation under this paragraph will survive till termination of this appointment.
Procedures for resolution of disputes by the Adjudicator is described in the contract of

_____________(name of the contract) between the employer and the contractor vide Clause
No. 24 of the General Conditions of Contract. Your recommendation should be given in
the format attached, within 28 days of receipt of a notification of dispute.
The Adjudicator will carry out the assignment in accordance with the highest standard of
professional and ethical competence and integrity, having due regard to the nature and
purpose of the assignment, and will conduct himself in a manner consistent herewith. After
visiting the worksite, the Adjudicator will discuss the matter with the Employer and if
necessary with the Contractor before arriving at any decision.
The Adjudicator will agree that all knowledge and information not within the public
domain, which may be acquired while carrying out this service shall be all time and for all
purpose, regarded as strictly confidential and held in confidence, and shall not be directly or
indirectly disclosed to any party whatsoever, except with the permission of the employer
and the contractor. The Adjudicator’s decision should be communicated in the form of a
speaking order specifying the reasons.
Page | 279
The Adjudicator will agree that any manufacturing or construction firm with which he
might be associated with, will not be eligible to participate in bidding for any goods or
works resulting from or associated with the project of which this consulting assignment
forms a part
Read and Agreed Name of Adjudicator
Signature
Place:
Date:
Name of Employer
Signature of authorized representative of Employer
Name of the Contractor
Signature of authorized representative of Contractor
Attachment: Copy of contract document between the employer and contractor and format
for recommendation.

SUMMARY OF AJUDICATIOR’S RESPONSIBILITIES
The Adjudicator has the following principal responsibilities:
1.Visit the site periodically.
2.Keep abreast of job activities and developments.
3.Encourage the resolution of disputes by the parties.
4.When a dispute is referred to it, conduct a hearing (no legal presentation), complete its
deliberations, and prepare a recommendations in a professional and timely manner
(as per sample format)
Page | 281
Sample Format of Adjudicator’s Recommendation
[Project Name]
Recommendation of Adjudicator
Dispute No. XX [NAME OF DISPUTE]
Hearing Date:____________
Dispute
Description of dispute. A one or two sentence summation of the dispute.
Contractor’s Position
A short summation of the contractor’s position as understood by the Adjudicator.
Employer’s Position
A short summation of the Employer’s position as understood by the Adjudicator.
Recommendation
The Adjudicator’s specific recommendation for settlement of the dispute. (The

recommended course is consistent with the explanation).
Explanation
(This section could also be called Considerations, Rationale, Findings, Discussion, and so
on.)

The Adjudicator’s description of how each recommendation was reached.
Respectfully submitted,
Date : _______________________ ____________________
Date : _______________________ ____________________
Date : _______________________ ____________________
Page | 283
Section X - Contract Forms
This Section contains forms which, once completed, will form part of the Contract. The
forms for Performance Security, ES performance security if applicable, and Advance
Payment Security, when required, shall only be completed by the successful Bidder after
contract award.

NOTIFICATION OF AWARD
Letter of Acceptance
[on letterhead paper of the Employer]
[The Letter of Acceptance shall be the basis for formation of the Contract as described in
ITB Clause 47. This Standard Form of Letter of Acceptance shall be filled in and sent to
the successful Bidder only after evaluation of bids has been completed, subject to any
review by the World Bank required under the Loan Agreement.]
. . . . . . . [date]. . . . . . .
To: . . . . . . . . . .[name and address of the Contractor] . . . . . . . . . .
Subject: . . . . . . . . . .[Notification of Award Contract No]. . . . . . . . . . .
This is to notify you that your Bid dated . . . . [insert date] . . . . for execution of the . . . .
. . . . . .[insert name of the contract and identification number, as given in the PCC]. . . .
. . . . . . for the Accepted Contract Amount of . . . . . . . . .[insertamount in numbers and
words], as corrected and modified39 in accordance with the Instructions to Bidders is
hereby accepted by our Agency.
You are requested to furnish the Performance Security, plus additional security for
unbalanced bids in terms of ITB Clause 41, and ES Performance Security[Delete ES
Performance Security if it is not required under the contract]in the form detailed in ITB
Clause 50 for amounts40 of Rs. …….., and Rs. ……. specified therein, within 21 days of
the receipt of this letter of acceptance, and visit this office to sign the contract, failing
which action as stated in ITB Clause 50.2 will be taken in accordance with the Conditions
of Contract. The securities shall be valid upto 28 days from the date of completion i.e.
upto …………. and shall be as per the Performance Security Form and the ES
Performance Security Form[Delete reference to the ES Performance Security Form if it
is not required under the contract],included in Section X -Contract Forms, of the bidding
document.
[Choose one of the following statements:]
We accept that __________________________[insert the name of Adjudicator proposed

by the Bidder] be appointed as the Adjudicator41.
[or]
We do not accept that _______________________[insert the name of the Adjudicator

proposed by the Bidder] be appointed as the Adjudicator, and by sending a copy of this
Letter of Acceptance to ________________________________________[insert name of
39
Delete “corrected and” or “and modified” if not applicable. See Notes on Standard Form of Agreement, next
page.
40
Insert amounts for (i) Performance Security, plus additional security for unbalanced bids in terms of ITB Clause
41; and (ii) ES Performance Security respectively.
41
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the
Instructions to Bidders, and has accordingly offered another candidate.
Page | 285
the Appointing Authority], the Appointing Authority, we are hereby requesting such
Authority to appoint the Adjudicator in accordance with ITB 51.1 and GCC 23.142.
We note that as per your bid, you do not intend to subcontract any component of work.
[OR]
We note that as per your bid, you propose to employ M/s. ………………… as sub-
contractor for executing ……………………..
We have reviewed the construction methodology submitted by you alongwith the bid in
response to ITB Clause 16 and our comments are given in the attachment. You are
requested to submit a revised Program including ES requirements as per Clause 26 of
General Conditions of Contract within 14 days of receipt of this letter of acceptance.
Authorized Signature: ...................................................................................................................
Name and Title of Signatory: .......................................................................................................
Name of Agency: ..........................................................................................................................
42
To be used only if the Contractor disagrees in the Bid with the Adjudicator proposed by the Employer in the ITB,
has accordingly offered another candidate, and the Employer does not accept the counterproposal.

Issue of Notice to proceed with the work
(letterhead of the Employer)
_________ (date)
To
______________________________(name and address of the Contractor)
______________________________
______________________________
Dear Sirs:
Pursuant to your furnishing the requisite securities as stipulated in ITB clause 50.1,
insurance policy as per GCC 13, construction methodology as stated in letter of acceptance
and signing of the contract agreement for the construction of______________@ a Bid Price
of Rs.___________, you are hereby instructed to proceed with the execution of the said
works in accordance with the contract documents.
Yours faithfully,
(Signature, name and title of

signatory authorized to sign on
behalf of Employer)
Page | 287
Attachment: Contract Agreement

Contract Agreement
THIS AGREEMENT made the . . . . . .day of . . . . . . . . . . . . . . . . ., . . . . . . ., between . . . . .

[name of the Employer]. . . . .. . . . . (hereinafter “the Employer”), of the one part, and . . . . .
[name of the Contractor]. . . . .(hereinafter “the Contractor”), of the other part:
WHEREAS the Employer desires that the Works known as . . . . . [name of the Contract]. .
. . .should be executed by the Contractor, and has accepted a Bid by the Contractor for the
execution and completion of these Works and the remedying of any defects therein,
The Employer and the Contractor agree as follows:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Contract documents referred to.
2. The following documents shall be deemed to form and be read and construed as part
of this Agreement. This Agreement shall prevail over all other Contract documents.
(i) This Agreement
(ii) the Letter of Acceptance
(iii) the Contractor’s Bid including completed schedules and priced bill of
quantities,
(iv) the addenda Nos ________(if any)
(v) the Particular Conditions
(vi) the General Conditions of Contract, including appendix;
(vii) the Specification
(viii) the Drawings
(ix) Construction Program, Methodology, Quality Assurance Program, ES
Management Strategies and Implementation Plans, and Code of Conductfor
Contractor’s Personnel (ES)
(x) Joint Venture Agreement [for JVs only];and

(xi) any other document listed in the PCC as forming part of the Contract.
3. In consideration of the payments to be made by the Employer to the Contractor as

specified in this Agreement, the Contractor hereby covenants with the Employer to execute
the Works and to remedy defects therein in conformity in all respects with the provisions of
the Contract.
4. The Employer hereby covenants to pay the Contractor in consideration of the

execution and completion of the Works and the remedying of defects therein, the Contract
Price or such other sum as may become payable under the provisions of the Contract at the
times and in the manner prescribed by the Contract.
Page | 289
IN WITNESS whereof the parties hereto have caused this Agreement to be executed
in accordance with the laws of Indiaon the day, month and year specified above.
Signed Signed
by: by:
for and on behalf of the Employer for and on behalf the Contractor
in the in the
presence presence
of: of:
Witness, Name, Signature, Address, Witness, Name, Signature, Address, Date

Date

Performance Security- Bank Guarantee
[including Additional Performance Security for unbalanced bids]
Performance Guarantee No…………………….[insert guarantee reference number]
To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]
WHEREAS _________________________ [name and address of Contractor43]

(hereinafter called "the Applicant") has undertaken, in pursuance of Contract No. _____
dated ________________ to execute __________________________ [name of Contract
and brief description of Works] (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Applicant
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein
as security for compliance with his obligations in accordance with the Contract;
AND WHEREAS we have agreed to give the Applicant such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Applicant, up to a total of ____________________ [amount of
guarantee44] ___________________________ [in words], such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limits of ____________________ [amount of guarantee] as
aforesaid without your needing to prove or to show grounds or reasons for your demand for
the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Applicant before
presenting us with the demand.
43
In the case of a JV, insert the name of the Joint Venture
44
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract less provisional sums, if any, plus additional performance security for unbalanced bids if any, and
denominated in Indian Rupees.
Page | 291
We further agree that no change or addition to or other modification of the terms of the
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Applicant shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until ……… 45, and any demand for payment under it must
be received by us at this office on or before that date.
Signature and seal of the guarantor _____________________________

Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________
Note: All italicized text (including footnotes) is for use in preparing this form and shall
be deleted from the final product.
45
Insert the date twenty-eight days after the expected completion dateas described in GC Clause 53.1. The
Employer should note that in the event of an extension of this date for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months][one year], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee
Environmental and Social Performance Security
ES – Bank Guarantee
ES Performance Guarantee No.: [Insert guarantee reference number]

To: ______________________________________________ [name of Employer]

_________________________________________ [address of Employer]
WHEREAS _________________________ [name and address of Contractor46]

(hereinafter called "the Applicant") has undertaken, in pursuance of Contract No. _____
dated ________________ to execute __________________________ [name of Contract
and brief description of Works] (hereinafter called "the Contract");
AND WHEREAS it has been stipulated by you in the said Contract that the Applicant
shall furnish you with a Bank Guarantee by a recognized bank for the sum specified therein
as security for compliance with his Environmental and Social (ES) obligations in accordance
with the Contract;
AND WHEREAS we have agreed to give the Applicant such a Bank Guarantee;
NOW THEREFORE we hereby affirm that we are the Guarantor and responsible to you,
on behalf of the Applicant, up to a total of ____________________ [amount of
guarantee47] ___________________________ [in words], such sum being payable in the
types and proportions of currencies in which the Contract Price is payable, and we
undertake to pay you, upon your first written demand and without cavil or argument, any
sum or sums within the limits of ____________________ [amount of guarantee] as
aforesaid without your needing to prove or to show grounds or reasons for your demand for
the sum specified therein.
We hereby waive the necessity of your demanding the said debt from the Applicant before
presenting us with the demand.
46
47
An amount shall be inserted by the Guarantor, representing the percentage of the Contract Price specified in the
Contract less provisional sums, if any, and denominated in Indian Rupees.
Page | 293
Contract or of the Works to be performed thereunder or of any of the Contract documents
which may be made between you and the Applicant shall in any way release us from any
liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.
This guarantee shall be valid until ……… 48, and any demand for payment under it must
be received by us at this office on or before that date.
Signature and seal of the guarantor _____________________________

Name of Bank ____________________________________________
Address ____________________________________________
Date ____________________________________________
48
Insert the date twenty-eight days after the expected completion dateas described in GC Clause 53.1. The
Employer should note that in the event of an extension of this date for completion of the Contract, the
Employer would need to request an extension of this guarantee from the Guarantor. Such request must be in
writing and must be made prior to the expiration date established in the guarantee. In preparing this
guarantee, the Employer might consider adding the following text to the form, at the end of the penultimate
paragraph: “The Guarantor agrees to a one-time extension of this guarantee for a period not to exceed [six
months][one year], in response to the Employer’s written request for such extension, such request to be
presented to the Guarantor before the expiry of the guarantee
Advance Payment Security
Demand Guarantee
Advance Payment Guarantee No…………………….[insert guarantee reference number]
To: __________________________________________ [name of Employer]

__________________________________________ [address of Employer]
___________________________________________[name of Contract]
Gentlemen:
In accordance with the provisions of the Conditions of Contract, Subclause 49.1

("Advance Payment") of the above-mentioned Contract,
49
________________________________ [name and address of Contractor ] (hereinafter
called "the Applicant") shall deposit with ________________________ [name of
Employer] a bank guarantee to guarantee his proper and faithful performance under the said
Clause of the Contract in an amount of _____________ [amount of guarantee50]
_________________________________ [in words].
We, the ____________________ [bank or financial institution], as instructed by the

Applicant, agree unconditionally and irrevocably to guarantee as primary obligator and not
as Surety merely, the payment to ____________________ [name of Employer] on his first
demand without whatsoever right of objection on our part and without his first claim to the
Applicant, in the amount not exceeding ____________________ [amount of guarantee]
__________________________________ [in words].
Contract or of Works to be performed thereunder or of any of the Contract documents
which may be made between _____________________ [name of Employer] and the
49
50
An amount shall be inserted by the bank representing the amount of the Advance Payment, and denominated in
Indian Rupees.
Page | 295
Applicant, shall in any way release us from any liability under this guarantee, and we
hereby waive notice of any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment
under the Contract until _________________________ [name of Employer] receives full
repayment of the same amount from the Applicant. Consequently any demand for payment
under this guarantee must be received by us at this office on or before that date.
Yours truly,
Signature and seal: _______________________________

Name of Bank: _________________
Address: _______________________________________
Date: ____________________

Retention Money Security
Demand Guarantee
_____________________________ [Bank’s name and address of issuing branch or office]
Beneficiary: ______________________ [Name and Address of Employer]
Date: ____________________________
RETENTION MONEY GUARANTEE NO.: _________________
We have been informed that ______________ [name of contractor51] (hereinafter called

“the Applicant”) has entered into Contract No. _________________ [reference number of
the contract] dated ______________________ with you, for the execution of
__________________ [name of contract and brief description of Works] (hereinafter called
“the Contract”).
Furthermore, we understand that, according to the conditions of the Contract, when the
Taking-Over Certificate has been issued for the Works and the first half of the Retention
Money has been certified for payment, payment of ___________ [insert the second half of
the Retention Money] is to be made against a Retention Money guarantee.
At the request of the Applicant, we _________________ [name of Bank] hereby

irrevocably undertake to pay you the sum or sums not exceeding in total an amount of
_____________________ [amount in Rupees] (______________________) [amount in
words52] upon receipt by us of your first demand in writing accompanied by a written
statement stating that the Applicant is in breach of its obligation under the Contract without
cavil or argument.
It is a condition for any claim and payment under this guarantee to be made that the
payment of the second half of the Retention Money referred to above must have been
51
52
The Guarantor shall insert an amount representing the amount of the second half of the Retention Moneyor if the
amount guaranteed under the Performance Guarantee when the Taking-Over Certificate is issued is less than
half of the Retention Money, the difference between half of the Retention Money and the amount guaranteed
under the Performance Security.
Page | 297
received by the Applicant on its account number _________ at ___________ [name and
address of Bank].
This guarantee shall expire, at the latest, 21 days after the date when the Employer has
received a copy of the Defects Liability Certificate issued by the Project Manager.
Consequently, any demand for payment under this guarantee must be received by us at this
office on or before that date.
_____________________
[Signature(s) and seal of the guarantor]

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Government Ofgujarat Damrehabilititionandimprovementproject (Phase-Ii)

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National Competetive Bidding NWRWS&KD

Bid no. KADANA DAM

REQUEST FOR BIDS NO..........2020/21

NATIONAL OPEN COMPETITIVE PROCUREMENT

(FOR ITEMRATE/ADMEASUREMENT CONTRACTS IN CIVIL WORKS)

NAME OF WORK : Rock Fall Protection at Kadana Dam

PERIOD OF SALE OF :FROM…………..TO ………

TIME AND DATE OF :DATE………….. TIME14:00 HOURS PRE- BID

LASTDATEANDTIME FOR : DATE………….. TIME16:00 HOURS RECEIPTOF

* TIME AND DATE OF OPENING : DATE………….. TIME16:30 HOURS

PLACE OF OPENING OFBIDS : Office of Superintending Engineer, Civil

Secon Pvt. Ltd. Page 1

REQUEST FORBIDS (RFB) E-Procurement Notice

2. Bidding will be conducted through national open competitive procurement using a

Secon Pvt. Ltd. Page 2

6. Bidders who wish to participate in this tender shall have to register on

12. The address for communication is as under:

Packa NameofWork Bid Costof Periodo

Secon Pvt. Ltd. Page 4

NATIONAL OPEN COMPETITIVE PROCUREMENT ....................................................... 1

36. Correction of Arithmetical Errors................................................................................... 32

PART 3 – Conditions of Contract and ................................................................................... 191

Secon Pvt. Ltd. Page 6

PART 1 – Bidding Procedures

Secon Pvt. Ltd

Bid No KADANA DAM

Section I - Instructions to Bidders

Secon Pvt. Ltd. Page 8

f) “Sexual Harassment” “(SH)” is defined as unwelcome

(g) “Contractor’s Personnel” is as defined in Sub-Clause 1 (ii)of

2. Source of 2.1 The Borrower or Recipient (hereinafter called “Borrower”)

Bid No KADANA DAM

and procedures as set forth in the WBG’s Sanctions

Secon Pvt. Ltd. Page 10

decisions of the Employer regarding this bidding

Bid No KADANA DAM

documents of constitution or association) and its registration

Secon Pvt. Ltd. Page 12

basis of ITB 4.8 (a) above by any country may be applied to

5. Eligible 5.1 The materials, equipment and services to be supplied under

6. Sections of 6.1 The bidding document consists of Parts 1, 2, and3, which

6.2 The Specific Procurement Notice - Request for Bids (RFB)

Bid No KADANA DAM

6.3 Unless obtained directly from the Employer or downloaded

Secon Pvt. Ltd. Page 14

condition that the Bidder, its personnel, and agents will

Bid No KADANA DAM

8.3 To give prospective Bidders reasonable time in which to take

Secon Pvt. Ltd. Page 16

(g) Conformity: a technical proposal in accordance with

Bid No KADANA DAM

process of online submission of the tender and relevant

Secon Pvt. Ltd. Page 18

Evaluation and Qualification Criteria.

Bid No KADANA DAM

exemption benefits available in India. They are solely

Secon Pvt. Ltd. Page 20

machinery/goods as a result of the above shall not be a cause

Bid No KADANA DAM

(a) in the case of fixed price contracts, the Contract price

Secon Pvt. Ltd. Page 22

the Contract and furnishing the Performance Security and if